Prosecutors: 6-year-old was drawing with chalk when shot in Logan Square

- Kevin McCubbin represents the 17-year-old boy charged in connection with Monday' night's drive-by shooting of 6-year old Jaylene Bermeo.

"Its an unfortunate incident, but that doesn't mean he's responsible for it," McCubbin said.

In juvenile court Thursday, prosecutors described how Jaylene was coloring with chalk outside her aunt's Northwest Side home when the sidewalk was sprayed with bullets, hitting the kindergartner in the back. 

Witnesses said three people were in the car.  Prosecutors said the shooting was part of a gang war. The  juvenile who appeared in court today was allegedly the driver.

His mother told FOX 32 that he's innocent. However, his attorney says his investigation has just begun.

"Whoever was the shooter, had anything to do with it, whatever, I'm sure they had no intention of striking someone like that," McCubbin said.

The bullet  barely missed Jaylene's heart. Doctors at Stroger's Hospital said she is in good condition and good spirits. Jaylene's grandmother, who asked not to be identified, said even veteran doctors are stunned at her resilience.

"It's a miracle. there's no words. its a miracle, with the prayers, and the doctors and all that," her grandmother said.

She also has  a message for whoever shot her grandchild.

"My granddaughter was there. She got the bullet. Just stop shooting. Stop shooting period," Jaylene's grandmother said.

Prosecutors said they charged the juvenile after witnesses described the driver as an Asian-American.  Police ran that description through their listing of known members of a local gang.

Judge Stuart Lubin agreed with prosecutors that there was an urgent and immediate necessity that justified keeping the juvenile in custody. The case returns to court July 12.

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