Man who shot toddler on Lake Shore Drive was told child was in car: prosecutors

CHICAGO - A man who shot a toddler in a road-rage attack on Lake Shore Drive was warned that the child was inside the car before he opened fire, Cook County prosecutors said Friday.

Deandre Binion fired as many as 10 rounds at the car 22-month-old Kayden Swann was riding in with his grandmother and her longtime boyfriend on April 6, the Chicago Sun-Times is reporting.

Kayden was struck in the head during the attack, prosecutors said. He remains at Lurie Children’s Hospital, but is out of the intensive care unit, Assistant State’s Attorney Kevin DeBoni said Friday. Kayden will eventually need to be moved to a rehabilitation center.

Shortly before 25-year-old Binion pulled the trigger, Jushawn Brown — Kayden’s grandmother’s boyfriend — told Binion, to "back off" as Binion drove his rented SUV close to the bumper of Brown’s cream-colored Lincoln sedan, DeBoni said.

Brown "leaned out of the seat and told [Binion] to back off and that he had a child in the car," DeBoni said.

That warning was the reason Judge Mary Marubio said she was ordering Binion held without bail for attempted murder and aggravated battery.

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The initial interaction between Brown and Binion escalated after Binion allegedly followed Brown, pulled alongside Brown’s car and flashed a gun at Brown out the window of the SUV.

Brown, 43, responded by taking his own gun out from under his carseat and showed the weapon to Binion, DeBoni said.

Binion went on to fire between four and 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 fired four or five more times at Brown’s car.

Binion drove off, taking a sharp turn onto Balbo Drive before jumping onto the Dan Ryan Expressway, DeBoni said. Brown’s car crashed shortly after as he tried to seek medical care for Kayden. A good Samaritan ended up taking the family to the hospital.

Binion had no criminal record before he was charged with shooting Kayden, defense attorney Mike Krejci said.

"But for the fact that my client is alleged to be the driver of this vehicle, if it wasn’t for the actions of the driver of the victim’s car, this wouldn’t have happened," the defense attorney said. "This wasn’t an intentional act committed by my client, allegedly."

Binion was arrested Tuesday.

Brown and Kayden’s grandmother identified Binion as the driver of the SUV, DeBoni said.

Binion is expected back in court April 30.