A car filled with bales of marijuana at a police station in La Grulla, Texas this March.
Houston Police Chief Art Acevedo Says There Are Too Many Officials 'Offering Prayers' After School Shootings Reuters

A one-year-old boy is fighting for his life after a Texas police officer accidentally shot him in the head while chasing a robbery suspect.

The boy, Legend Smalls, was shot on March 3 by a Houston police officer who jumped into the car of the child's mother, Daisha Smalls, police said, reported ABC News.

To relieve the swelling in the baby's brain, he had part of his skull removed, his family's attorney said.

"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 conference 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. The child is in the pediatric intensive care unit.

His mom on Tuesday said, "My son has been fighting every day for his life ... My baby didn't deserve it."

According to the Houston Police Department, the incident took place around 11.30 p.m. at a Chevron gas station in Houston where Smalls had parked her car.

During a conference, Smalls, 19, said she was in the driver's seat of her car when the suspect jumped in and sat on top of her.

Police opened fire and hit the suspect, as well as 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 car. Her life matters," Crump said Tuesday.

Crump said he and the family will talk to the police to get body camera footage of the shooting released.

The Houston police department tweeted a statement Tuesday evening saying they are hoping and praying for the full and speedy recovery of Legend.

The statement read that on the night of the shooting, the cops feared for the mother's safety when the suspect attempted to carjack her.

“Fearing for the mother’s safety, one of our officers discharged his duty weapon, fatally striking the suspect. Sadly, baby Legend was also struck. Officers at the scene immediately rendered first aid to Legend," read the statement.

The officer who shot the suspect and the child has been placed on administrative leave due to the investigation, police said.

"Myself and Executive Assistant Chief Troy Finner personally went to the hospital to check on the baby and meet with his mother," Chief Art Acevedo said in the statement.

Acevedo also informed that 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.

Tampa police stand guard
Representational image. Getty Images | CHANDAN KHANNA/AFP

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