By Chris Tye

CHICAGO (CBS)– A man who was in the car when his 21-month-old grandson was shot and critically wounded on Lake Shore Drive downtown this week is now facing weapons charges — though prosecutors said he never fired his gun.

However, police are still searching for the person who shot the little boy in the head.

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According to police, Jushawn Brown, 43, was in the car with 21-month-old Kayden Swann during what turned into a road rage shooting. Police had first said Brown shot at another car during the incident, but prosecutors later said he didn’t — and said there is no reason to believe the driver of that other car who fired the shot that struck Kayden ever even saw Brown’s gun.

Brown has been charged with unlawful use of a weapon. Earlier reports that Brown was Swann’s grandfather were incorrect. Brown is dating Kayden’s grandmother.

At a bond hearing Thursday afternoon, an assistant Cook County State’s Attorney said there is no evidence that Brown was the aggressor in the incident and no evidence of Brown firing his gun — despite earlier statements from police claiming he did.

Brown’s bond was set at $5,000 – he must post $500 to be released. The judge allowed him to be released, on the grounds that prosecutors said the other driver was the aggressor coming in at high rate of speed, the and other driver brandished a weapon toward Brown.

Brown did have a weapon, but held it in his lap, and there is no evidence that he brandished it or incited the other driver, prosecutors said. The other driver had no way of knowing Brown was even armed, and was acting aggressively on their own accord, prosecutors said.

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His next court date is on Wednesday, April 14.

On Wednesday afternoon, Lurie Children’s Hospital said the Kayden, was still getting full critical care treatment at the hospital’s ICU. He suffered a severe brain injury and requires a team of specialists to treat him, the hospital said.

While the boy remains in critical condition, his condition has not worsened, the hospital said. He has been placed in a medically-induced coma to protect his brain and is on a ventilator.

The 21-month-old boy was a passenger in a car shot at over the course of two blocks on northbound Lake Shore Drive near Roosevelt Road along Grant Park.

The car was shot at over the course of two blocks on northbound Lake Shore Drive near Roosevelt Road. Police said shots flew along the Drive for two blocks between 9th and 11th streets.

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A Good Samaritan drove the gravely injured toddler and family from the Drive to Northwestern Hospital in Streeterville, and he is credited for giving the little boy a fighting chance.