The shooting took place on March 3 when Daisha Smalls was pumping gasoline and saw police cars and heard sirens, she told a news conference Tuesday. His son, Legend, was in the back seat of the vehicle. Smalls said a man got into his vehicle and told him to give him the car.
“I wouldn’t give him my car because I let him know I have a kid in my car and I wouldn’t leave him without my son,” Smalls said through tears. Smalls said she was sitting in the car when the man jumped and police were right behind them.
“Before I knew what was going on, they were already shooting at my car and I was just scared of my son’s life,” Smalls said.
The 30-year-old man in question was suspected of two aggravated robberies he was already being chased by police when he jumped from a car that crashed during the chase. The suspect, who was armed with a handgun, got into Smalls’ car.
The man refused to throw the weapon, officers fired several shots at him and he died at the scene. The boy was also shot, Finner said.
Finner said he wasn’t sure if local agents knew the baby was in the car, but they gave it to the baby and suspected first aid.
The officer who fired the shot that hit the baby is a 15-year-old HPD veteran and is “deeply concerned” about the baby and his mother. He has been put in administrative duties while the investigation continues, Finner said.
Smalls lawyer Ben Crump said Legend has been on a fan for 10 days. Smalls said the bullet was pulled from his son’s head along with the right side of his skull, but he still has bullet fragments in his head.
The legend has also had more than 10 seizures, Crump said.
“Why would they shoot knowing he was in the car? Not knowing who else was in the car. There could have been kids, there could have been others, but they shot,” Crump said. “Unfortunately and tragically, the little legend will live the rest of his life with the consequences of his decision to shoot his mother’s car even though they knew he was there.”
Prosecutor Antonio Romanucci, who also represents Smalls, said: “The objectivity is that there are innocent people on the line of fire and we know you won’t shoot unless you know what your target is.”
CNN has approached Houston police and the Houston mayoralty for comment.
“My baby didn’t deserve this, my baby didn’t deserve to be shot, especially not by the police,” Smalls said. “I just want my baby to be safe. I just want my baby to be healthy.”
CNN’s Kay Jones contributed to this report.