A Houston mother is incensed after her 1-year-old was shot by the police as they chased a suspect.

During a press conference on Monday, Daisha Smalls said she was getting gas at 11:30 p.m. on March 3 when a man being chased by Houston Police Department officers crashed a black Mercedes into the gas station, ABC13 reported. 

She was sitting in the driver's seat when the armed robbery suspect tried to steal her car. But Smalls refused because her 1-year-old, Legend, was in the back seat.

Once they arrived at the scene, officers opened fire, killing the suspect and hitting Legend. 

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

"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,” Smalls added. 

For the last 10 days, Legend has been on a ventilator struggling to breathe on his own and has had more than 10 seizures as doctors removed bullet fragments from his head, attorney Ben Crump said at the press conference. NBC News reported that Legend has had to have the right side of his skull removed. 

"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," Crump 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,” he added.

Crump and attorney Antonio Romanucci went on to bash the Houston Police Department for allowing officers to wantonly open fire this way without regard for who was nearby. 

The Houston Police Department has released multiple statements about the incident, disputing Smalls’ retelling of the shooting while also attempting to convey the sorrow of the officer who shot Legend, allegedly a 15-year veteran of the force, NBC reported.

They said the 30-year-old man was a suspect in two attempted robberies and was armed, leading police to believe that Smalls may have been in danger. 

"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.

“Sadly, baby Legend was also struck. Officers at the scene immediately rendered first aid to Legend. We are hoping and praying for the full and speedy recovery of little one-year-old Legend Smalls," he added.

The officer, who was not named, has been placed on places on administrative duty while the Houston Police Department Special Investigations Unit and Internal Affairs Division investigate the shooting. 

The county district attorney is also looking into the shooting, according to NBC news. 

Crump said a lawsuit will be filed against the department and he has demanded all video of the incident be released, KPAC2 reported.

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