Around 2:30 a.m. July 14, investigators said 20-year-old Xavier Trevon Ware was driving north on I-35 just south of East 2nd in Edmond with Alexis Ware and her three-year-old son.
Troopers said the vehicle went off the road, flipped and the toddler was ejected.
Investigators said Xavier and Alexis found the boy and left the scene on foot. Approximately an hour later, troopers said they flagged down a driver for help.
According to court documents, the driver who stopped overheard Alexis ask Xavier, "what did you do to my baby" with Xavier responding, "why you [sic] putting this on me, it was an accident."
First responders said the child was unresponsive and doctors pronounced him dead at the hospital.
Xavier told troopers he had swerved to miss a large deer and Alexis said she was asleep when the crash happened, according to the court filing.
Investigators asked Xavier to give a blood sample and documents said he was "very slow to respond, and he was overly relaxed for the circumstances and seemed very impaired by a drug."
Xavier told troopers, "I don’t need to give you my blood." But they got a warrant and a sample.
Witnesses said there may have been other people parked at Buffalo Wild Wings or Whataburger nearby who saw something. The OHP is asking anyone with information to contact them at 405-425-2323.
When the vehicle was inspected in a storage facility after the crash, troopers said there were no seatbelts buckled in the back and no child seat in the vehicle.
Xavier was booked in the Oklahoma County Jail on complaints of second degree murder and child endangerment DUI.
He was charged in a different case in Cleveland County last month for assault and battery in the presence of a minor. Court records show another case is set to go to trial in Oklahoma County in October for robbery with a dangerous weapon.