A 1-year-old boy who was accidentally shot by a police officer in Texas had part of his skull removed to relieve the swelling in his brain, his family’s attorney said.
Only a baby, Legend Smalls, was shot on March 3 by Houston police officers chasing an armed robbery suspect who jumped into Daisha Small’s car, police said. Smalls is the child’s mother.
“They had to remove part of his skull to deal with the swelling of his brain. They also had to remove the bullet from his brain. He’s had multiple seizures — over 10 seizures. He’s still fighting for his life,” the family’s attorney Ben Crump said at a press briefing Tuesday.
“He’s still struggling to breathe on his own. He was on a ventilator for 10 days. But little Legend is strong, little legend is fighting, ” he added.
Smalls, on Tuesday, spoke about her son’s condition while he remains in the pediatric intensive care unit. “My son has been fighting every day for his life…My baby didn’t deserve it,” she said.
The incident unfolded around 11:30 p.m. at a Chevron gas station in Houston. The Houston Police Department said Legend’s mother parked at a pump at the station and was outside her vehicle when the suspect got in.
During a briefing Tuesday, Smalls, 19, said she was in the driver’s seat of her vehicle when the suspect jumped in and sat on top of her.
Police opened fire and hit the suspect, as well as the child, Legend, who was in the back seat. The suspect died from his wounds, police said.
“They knew she was in the car, but they still shot anyway, knowing a Black woman was in the care,” Crump said Tuesday. “Her life matter.”
Crump said he and the family will talk to the HPD to get body camera footage of the shooting released.
In the incident, officers chased the suspect for about three miles. A black Mercedes the suspect was driving was possibly linked to two aggravated robberies, police said in a press conference March 4.
The case is being investigated by the HPD Special investigations Unit and the Internal Affairs Division. The Harris County District Attorney’s Office is conducting a separate investigation, as per officer-involved shooting protocol, Acevedo said.
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