The mother of a one-year-old boy shot by police in Houston, Texas, says the toddler is now "fighting for his life".
Houston Police Chief Art Acevedo said Daisha Smalls and her one-year-old son, Legend, were "innocently getting gas" when an armed robbery suspect tried to carjack them.
"Fearing for the mother's safety, one of our officers discharged his duty weapon, fatally striking the suspect. Sadly, baby Legend was also struck," he said in a statement today.
The baby boy was shot in his head and has been on a ventilator for 10 days, Smalls' attorney Ben Crump told media at a press conference today, and has been suffering seizures.
Crump questioned the police decision to open fire when they didn't know who else was in the vehicle.
"Regrettably and tragically, little Legend will live the rest of his life with the consequences of their decision to shoot into his mama's car even though they knew she was in there."
Smalls says her son is "fighting for his life", saying: "He's struggling to breathe on his own... My baby didn't deserve this, my baby didn't deserve to be shot, especially not by the police."
Acevedo says he and executive assistant chief Troy Finner "personally went to the hospital to check on the baby and meet with his mother".
"As we said from the scene on the night of the shooting, we are hoping and praying for the full and speedy recovery of little one-year-old Legend Smalls."
The officer involved is a 15-year veteran and has been placed on administrative duty as the investigation into the shooting continues, CNN reports.
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