The mother of a one-year-old African-American boy, who was shot in the head and seriously wounded by police in Texas, plans to sue the Houston police department.

“My baby didn’t deserve it. My baby didn’t deserve to be shot. Especially not by the police,” Daisha Smalls said.

Smalls was at a gas station with her son in a baby seat in the back seat of her car when an armed man being pursued by police tried to pull her out of her vehicle.

A police officer opened fire, killing the suspect and wounding the baby.

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The 19-year-old mother said that bullet fragments remained lodged in the brain of her son, Legend Smalls, and he had part of his skull removed after the March 3 shooting in Houston.

“They knew she was in the car. They still shoot anyway, knowing that she’s in the car,” said Ben Crump, an attorney for Smalls

“Right now in America we’re talking a lot about, when it comes to African Americans, the police shoot first and ask questions later,” Crump said. “And they don’t do that to other citizens.”

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Antonio Romanucci, another lawyer for Smalls, said “our intention is to file a lawsuit.”

“We are developing more facts, and once those facts are fully developed, you can anticipate a lawsuit being filed,” Romanucci said.

“You do not shoot unless you know what your target is,” he said. “This is not the movies. This isn’t a TV show.”