Things That Matter

A 1-Year-Old Was Shot In The Head By Houston Police, Now He’s Fighting For His Life

Updated March 24, 2021.

The police of Houston are under fire again after it was revealed that a 1-year-old boy was shot in the head by an officer earlier this month. The tragic incident happened on March 3.

At the time Daisha Smalls was at a gas station filling up her car when she saw police cars and sirens.

According to Smalls, she was sitting inside of her car when a man approached her and told her to get out of her car.

At the time of the attempted hijacking, Smalls’ son Legend, was in the backseat.

“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 explained. The man then pushed his way into the car and attempted to hijack the vehicle.  

Police shot into Smalls’ car and killed the suspect who’d forced his way onto her lap. The police also injured her son Legend.

The 1-year-old was struck in the head with a bullet.

“I was just scared for my son’s life,” Smalls explained in a recent interview. Smalls went onto share that her son “didn’t deserve to be shot, especially not by the police.” According to reports, doctors removed part of Legend’s skull to make space for brain swelling. They were able to remove the bullet but small fragments from the bullet remain.

“He’s had multiple seizures, over 10 seizures, he’s still fighting for his life,” he explained.

Antonio Romanucci, co-counsel to Smalls’ lawyer said they are still investigating the incident but that the Houston police “can anticipate a lawsuit being filed shortly.”

Earlier this month, Houston Police Department Executive Assistant Chief Troy Finner claimed that Smalls was not in the car at the time of the hijacking. The hijacker was 30 and the suspect of two armed robberies. Police told him to drop his weapon and when he refused an officer fired several shots at him. The man died at the scene.

Finner claimed that the police officer was unaware that Legend was in the car. 

“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 shared to Twitter. “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.”

Small’s attorney, Ben Crump explained that the clerk at the gas station told ABC13 that there is a surveillance video of the shooting.

“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 explained. “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.”

The attorney to Smalls, who has disputed police accounts that she was out of the car when the shooting began, has said that they expect to file a lawsuit in regards to the incident.

“Were the actions of the Houston Police Department both objective and reasonable under the circumstances?”Romanucci commented at a recent news conference according to The New York Times. “Clearly the answer is no.”

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