CBS 2 Investigator Megan Hickey reports the road rage story has Deandre Binion as the shooter. Kayden Swann, a 21-month-old was hit in the incident.
BRAD EDWARDS: Good afternoon, I'm Brad Edwards. No bond for the man who, police say, shot a one-year-old in the head on Lake Shore Drive CBS 2 investigator Megan Hickey joins us live with more on how the 25-year-old suspect was caught. And Megan, the story of this bizarre road rage shooting keeps changing.
MEGAN HICKEY: Right, Brad. Since the shooting on April 6, there have been different accounts of exactly what was said, who flashed a weapon, and who actually fired those shots. But now prosecutors are saying Deandre Binion was the aggressor.
43-year-old Jushawn Brown's girlfriend, the grandmother of Kayden Swann originally pointed the finger at Brown, saying he was the one who instigated the tragic road rage incident and fired the shots.
- So when the family's implying that you did, that's--
- Totally a lie. I don't understand why would she even do that.
MEGAN HICKEY: Prosecutors say it was a lie, that evidence from the scene shows Brown never shot his gun. They say this man, 25-year-old Deandre Binion, did after they both tried to merge into the same lane. Charging documents show Brown told Binion to back off and that he had a child in the car. Police say Binion drove up alongside him, Binion dangled a gun, Brown picked up his handgun that he had below his feet and flashed it at Binion before putting it in his lap. As Brown drove away, prosecutors say Binion fired four to five shots from his vehicle, one of them hitting one-year-old Kayden.
PATRICIA BROWN HOLMES: I think this is a great example of good police work.
MEGAN HICKEY: Former state and federal prosecutor and former judge Patricia Brown Holmes is talking about the way that police caught Binion. With a license plate reader on the expressway, they tracked the rental car to an enterprise. The rental company was able to connect the car to Binion's girlfriend, which led police to their suspect.
In court, prosecutors said Binion had no criminal record, but we were able to find a history of 2017 firearms charges, including unlawful use of a weapon. But the Cook County State's Attorney's Office confirmed that Binion was never convicted, so his slate was clean.
PATRICIA BROWN HOLMES: If you're not convicted, it's out of bounds. Those are only charges. And if the state could not sustain their burden of proof for whatever reason, then the judge is not allowed to know about that and not allowed to use it as a part of the equation.
MEGAN HICKEY: Now, baby Kayden suffered a severe brain injury. But earlier this week, doctors said he was out of intensive care and showing remarkable progress. Live along Lake Shore Drive, Megan Hickey, CBS 2 Investigators.