By: Norman Dotson Jr./BNC Digital

A mother in Houston is suing the city’s police department after her one-year-old son was shot in the head during a confrontation between officers and a would-be carjacker.

According to reports, Daisha Smalls purchased gas when she heard sirens and saw police lights chase a suspect into the station parking lot. Smalls said a man then got into her vehicle and told her to give him the car, but she refused to leave her young son.

“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 during a press conference following the March 3 incidents.

In a CNN report, HPD claims the 30-year-old man in question was a suspect in two aggravated robberies who was already being chased by police jumped out of a car he crashed during a chase. The suspect, who was armed with a gun, then entered Smalls’ car.

In a recount of the incident, the Houston Police Department state they were unaware that the one-year-old, Legend Smalls, was in the car and only fired for fear of the mother’s life.

“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.”

However, Smalls’ attorney, Civil Rights Attorney Ben Crump, claims officers shot indiscriminately into a car based on racial bias.

“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.

Smalls says that a piece of Legend skull had to be removed and that her son has been on a ventilator since the incident occurred, suffering from multiple seizures. HPD released a statement extending their apologies with the toddler a speedy recovery.

Statement from Chief @ArtAcevedo on March 3 officer-involved shooting at 7931 Southwest Freeway: pic.twitter.com/q2BIZCEk0d

— Houston Police (@houstonpolice) March 16, 2021

“My baby didn’t deserve this. My baby didn’t deserve to be shot, especially not by the police,” Smalls said. “I want my baby to be safe. I just want my baby to be healthy.”

The family has created a GoFundMe to support the Smalls family for Legend.