A 1-year-old boy is currently fighting for his life after police accidently shot him in the head while pursuing a robbery suspect.

The incident occurred on March 3rd at a gas station in Houston.

The child’s mother Daisha Smalls, says she was pumping gas when suddenly she heard police sirens and  an unknown man jumped into her car and demanded that she hand it over to him.

“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.”

As Smalls spoke with the suspect to get her son, suddenly Smalls says police opened fire on the car.

“Before I knew what happened they were already shooting at my car and I was just scared for my son’s life,” Smalls said.

The 30-year-old suspect was fatally shot while the 1-year-old was struck in the head by a stray bullet.

Police say the suspect was responsible for two armed robberies and that an officer opened fire because they feared for Small’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.”

Smalls’ attorney Ben Crump says that baby Legend has been on a ventilator for 10 days and has a portion of his skull removed along with the majority of the bullet.

Crump says the baby still has bullet fragments from his head and has had more than 10 seizures.

“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.”

Executive Assistant Police Chief Troy Finner reported that the officer has been placed on administrative leave pending an investigation and that he and the officer have visited the family in the hospital.