Weeks after a Houston baby was accidentally shot in the head by police, he’s still in the intensive care unit, his mother said Tuesday in a tearful plea for justice.
Daisha Smalls, 19, was at a gas station around 11:30 p.m. on March 3 with 1-year-old Legend in the backseat when a suspect crashed his black Mercedes, jumped out and made his way over to her car where she was sitting in the driver’s seat, she said at a press conference with lawyer Ben Crump.
The man sat on her lap and tried to force her out so he could steal her car, she claimed.
“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,” Smalls said.
That’s when police, who had been chasing the suspect, showed up and began firing, killing the suspect and hitting Legend in the head.
© Provided by New York Daily News Legend Smalls was shot in the head on March 3.
Legend Smalls was shot in the head on March 3.
“My son has been fighting every day for his life,” Smalls said. “He’s struggling to breathe on his own. My baby didn’t deserve it. I miss my son. I want him to be back the way he used to be.”
Since then, Legend has had part of his skull removed to reduce swelling in his brain and has been on a ventilator for at least 10 days, Crump said. He’s also suffered 10 seizures.
“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,” he said during the press conference.
Attorney Antonio M. Romanucci said the Houston Police Department can “anticipate” a lawsuit soon.
“By the orders of the Houston Police Department, all human life has value,” he said.
“Those are not the rules that these lawyers up on this stage have made up. Were the actions of HPD objective and reasonable under the circumstances? Clearly the answer is no. This is not the movies, this is not the TV shows, this is real life. You do not shoot unless you know what your target is. Legend should not have been shot. Under their own rules, this was not a justified shooting.”
Houston police previously said Smalls was not in the car at the time. The attempted carjacker, 30, had a gun and was a suspect in two armed robberies, according Houston Police Department Executive Assistant Chief Troy Finner.
Houston Police Chief Art Acevedo said Tuesday after the press conference that the officer, who has not been publicly identified, fired “fearing for the mother’s safety.”
“Sadly, baby Legend was also struck,” Acevedo said in a statement. “Officers at the scene immediately rendered first aid to Legend.”
The police chief also said he and Finner went to the hospital to check on Legend, which Smalls claimed was untrue.