US toddler 'fighting for his life' after being shot by police

The toddler has been on a ventilator for 10 days so far.
The toddler has been on a ventilator for 10 days so far. Photo credit: Getty

A one-year-old boy is "fighting for his life" after being shot in the head by US police during a carjacking.

Daisha Smalls was getting gas on March 3 with her infant son Legend in the car. She says a man got into her car, and ordered her out.

She refused, fearing for her young son's life. 

Smalls says the police were right behind the man and immediately opened fire at her car, with her, the carjacker and her child all inside.

But Houston police say Smalls was not in the car when they opened fire.

Executive assistant police chief Troy Finner said the 30-year-old man who attempted to steal her vehicle was already being chased by officers, and when he refused to drop his gun, officers fired several shots at him. He died at the scene, and Legend was injured.

Finner said he was not sure whether officers at the scene knew the baby was in the car.

Houston police chief Art Acevedo said in a statement he and Finner went to the hospital to check on Legend and Smalls and are "hoping and praying" for a speedy recovery for the baby.

Smalls' attorney Ben Crump said Legend has been on a ventilator for 10 days. He still has bullet fragments in his head and has had more than 10 seizures.

"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."