The shooting occurred on March 3, when Daisha Smalls was pumping gas and saw police sirens, she said at a news conference on Tuesday. Her son, Legend, was in the back seat of the vehicle. Smalls said a man got into his vehicle and told him to deliver the car to him.
“I wouldn’t give him my car because I let him know that I have a son in my car and that I wouldn’t leave him without my son,” Smalls said through tears. Smalls said she was sitting in the car when the man got in and the police were right behind them.
“Before I knew what happened, they were already shooting at my car and I was scared for my son’s life,” said Smalls.
The 30-year-old man in question was suspected of two aggravated robberies that were already being chased by the police when he jumped out of a car that crashed during the chase. The suspect – who was armed with a gun – got into Smalls’ car.
The man refused to drop the gun, the police fired several shots at him and he died on the spot. The baby was also shot, said Finner.
Finner said he was not sure whether the police at the scene knew the baby was in the car, but they gave the baby and suspected first aid.
The police 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 was placed on administrative duty while the investigation continues, Finner said.
Smalls’ attorney Ben Crump said Legend has been on a fan for 10 days. Smalls said the bullet was removed from his son’s head along with the right side of his skull, but he still has bullet fragments in his head.
The legend also had more than 10 seizures, said Crump.
“Why would they shoot knowing she was in the car? Not knowing who else was in the car. There may have been children, there could be others in the car, but they did,” said Crump. “Sadly and tragically, little Legend will live the rest of her life with the consequences of her decision to shoot her mother’s car, even though she knew she was there.”
Lawyer Antonio Romanucci, who also represents Smalls, said: “The objectivity is that there are innocent people in the firing line and we know that you don’t shoot unless you know what your target is.”
CNN contacted the Houston police and the Houston mayor’s office for comment.
“My baby didn’t deserve this, my baby didn’t deserve to be shot, especially not by the police,” said Smalls. “I just want my baby to be safe. I just want my baby to be healthy.”
CNN’s Kay Jones contributed to this report.