A man who shot a toddler in a road rage attack on Lake Shore Drive was warned the child was inside the car before opening fire, the police said on Friday. Cook County prosecutors.
Deandre Binion fired up to 10 bullets at the 22-month-old car Kayden Swann was driving in with her grandmother and longtime boyfriend on April 6, prosecutors said.
Kayden was shot in the head in the attack, prosecutors said. He remains in Lurie Children’s Hospital but is released from the intensive care unit, Deputy State Attorney Kevin DeBoni said on Friday. Kayden will eventually be transferred to a rehabilitation center.
Shortly before Binion, 25, pulled the trigger, Jushawn Brown – Kayden’s grandmother’s boyfriend – told Binion to “back up” as Binion drove his rental SUV near the Brown’s Lincoln sedan bumper, DeBoni said.
Brown “leaned out of the seat and said [Binion] backing up and had a child in the car, ”DeBoni said.
The warning was the reason Judge Mary Marubio said she was ordering Binion to be held without bail for attempted murder and aggravated bodily harm.
The initial interaction between Brown and Binion intensified after Binion allegedly followed Brown, approached Brown’s car, and pointed a gun at Brown through the window of the SUV.
Brown, 43, responded by pulling his own pistol from under his car seat and showing it to Binion, DeBoni said.
Binion then fired four or five shots at Brown’s car, before stopping the SUV in the middle of Lake Shore Drive, DeBoni said. He then got out of the SUV and allegedly shot Brown’s car four or five more times.
Afterward, Binion drove off, taking a sharp turn onto Balbo Drive before hopping onto the Dan Ryan Freeway, DeBoni said.
Brown’s car crashed shortly after as he tried to seek medical attention from Kayden.
A Good Samaritan took the family to the hospital.
Brown reportedly took her gun to the hospital, where the police took her. Brown was then charged with having the firearm without a state license.
At Brown’s bail hearing earlier this month, prosecutors said there was no evidence Brown showed Binion his gun.
Although DeBoni said Brown showed his gun, the Assistant State Attorney also pointed out on Friday that there was no evidence that Brown’s gun was used and tests revealed he was not There was no bullet residue on Brown’s hands.
Binion had no criminal record before being charged with shooting Kayden, defense attorney Mike Krejci said.
Krejci also blamed Brown for the crime, apparently citing an ABC7 interview in which Kayden’s grandmother said she blamed Brown for triggering the situation and claimed Brown had also fired.
“Without the fact that my client would be the driver of this vehicle, without the actions of the driver of the victim’s car, this would not have happened,” the defense attorney said. “It was not an intentional act committed by my client, allegedly.”
Binion was arrested on Tuesday.
The SUV Binion was driving at the time of the crime had been leased by his girlfriend through Enterprise, DeBoni said. He was picked up by police on April 8.
Investigators with a search warrant found the weapon used to shoot Kayden inside the home of Binion’s girlfriend’s mother, DeBoni said. The weapon matched shell casings recovered from the scene, prosecutors said.
Brown and Kayden’s grandmother identified Binion as the driver of the SUV, DeBoni said.
Binion is expected to return to court on April 30.