Houston Police Shoot One-Year-Old in the Head While Chasing Robbery Suspect

A one-year-old boy was shot in the head by Houston police as they chased a robbery suspect.

Legend Smalls is still fighting for his life in hospital two weeks after being struck by a bullet intended for the carjacker who tried to steal his mother's vehicle as she pumped gas.

The incident occurred on March 3, when Houston PD attempted to pull over a 30-year-old suspect in two aggravated robberies, when he crashed the car, and fled on foot.

Daisha Smalls was pumping gas at a nearby Chevron when the suspect jumped into her car and attempted to flee.

According to a police statement at the time, officers ordered the suspect to drop his gun; when he refused they opened fire, killing him.

"Fearing for the mother's safety, one of our officers discharged his duty weapon, fatally striking the suspect," Houston Police Chief Art Acevedo said in a statement, per CNN. "Sadly, baby Legend was also struck. Officers at the scene immediately rendered first aid to Legend."

However police claim his mother was not in the car at the time — something she disputes.

Giving her version of the night, she said she was still in the car when police opened fire.

"I was pumping gas at Chevron, and when I was finished pumping gas I went back to my car, and my son was in the back seat behind me. I saw police at the gas station and a lot of lights, and I heard sirens," she said through tears at a news conference.

"A man tried to run into my vehicle... he got in my vehicle and told me to give him my car. I wouldn't give him my car because I let him know that I have a child in my car and that I would not leave my car without my son. I was sitting in my car when the person jumped in my car, and the police were right behind him."

"Before I knew what happened they were already shooting at my car, and I was just scared for my son's life," Smalls recalled.

"My son has been fighting every day for his life, and he's struggling to breathe on his own, by himself, to move by himself," she added. "My baby didn't deserve this, my baby didn't deserve to be shot, especially not by the police. I just want my baby to be safe. I just want my baby to be healthy."

Her attorney Ben Crump said the baby has been on a ventilator for ten days and has suffered multiple seizures. He had to have part of his skull removed to retrieve the bullet and reduce swelling, but fragments of bullet still remain.

"Why would they shoot knowing she was in the car? Not knowing who else was in the car. There could have been children, there could've been others in the car, but they shot," he said.

"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."

According to Acevedo, the officer who fired the shot that struck the child is "deeply concerned" over what happened, and has been to hospital to check on the victim and his mother.

The 15-year HPD veteran has been placed on administrative leave while the investigation continues, he said.