Doctors were not yet finished treating Quasaun Smalls, whose father shot him in the torso after allegedly mistaking him for an intruder.
The shooting happened on 57th Street in Woodside around 4:30 a.m. Sunday.
There are conflicting stories of what led to the shooting. The boy's father, 39-year-old Robert Smalls, told investigators that he thought someone was breaking into the family's apartment, and that is why he used a semi-automatic handgun to fire off shots.
The two have a history of arguments, and Quasaun Smalls has several prior arrests, including a trespassing bust just last month.
In a statement entered into evidence, Robert Smalls said he had told his son not to come home after his son threatened him, then went to sleep. He heard steps in his home when he shouted, "Who is it?" There were no lights on at the time and no one answered, but someone was still approaching. He said, "Police, stop, who is that?" The person did not respond and began to approach aggressively with one hand in pocket as if to pull out a weapon. He then pulled his firearm because of feeling in immediate danger.
" By the time I realized it was my son the firearm had already discharged," he said.
But Quasaun told police a different story, that the two had been arguing, and that is why his dad shot him.
Robert Smalls has been charged with felony assault and criminal possesion of a weapon.
Quasuan's whereabouts are unknown at this time.