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

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

Deandre Binion fired up to 10 rounds at the car 22-month-old Kayden Swann was riding in with his grandmother and her longtime boyfriend on April 6, prosecutors said.

Kayden was shot 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 eventually will 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 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.

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 showing it to Binion, DeBoni said.

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

Chicago police

Afterward, 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 took the family to the hospital.

Ashlee Rezin Garcia/Sun-Times

Brown allegedly brought his gun to the hospital, where police took it. Brown was later charged with having the gun without a state permit.

At Brown’s bond hearing earlier this month, prosecutors said there was no evidence Brown displayed his weapon to Binion.

Although DeBoni said Brown did show his gun, the assistant state’s attorney also pointed out Friday that there was no evidence that Brown’s weapon was fired and tests revealed there was no gunshot residue on Brown’s hands.

Binion did not have a criminal record before he was charged with shooting Kayden, defense attorney Mike Krejci said.

Krejci also placed responsibility of the crime on Brown, apparently citing an ABC7 interview in which Kayden’s grandmother said she blamed Brown for initiating the situation and claimed Brown also had fired.

“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.

The SUV Binion had been driving at the time of the crime had been rented by his girlfriend through Enterprise, DeBoni said. It was recovered by police on April 8.

Investigators with a search warrant found the gun used to shoot Kayden inside Binion’s girlfriend’s mother’s home, DeBoni said. The weapon matched with shell casings recovered at the scene, prosecutors said.

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

Binion is expected back in court April 30.