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Graylin Waters, charged in shooting where stray bullet struck 11-year-old girl in Harvey, kept in custody

Man charged weeks after 11-year-old is struck by stray bullet in Harvey, Illinois
Man charged weeks after 11-year-old is struck by stray bullet in Harvey, Illinois 02:31

A man will remain in custody after being charged with firing the stray bullet that hit an 11-year-old girl in the head in south suburban Harvey on May 28.

Willow James was riding home from school with her dad and cousin when gunshots rang out near 158th and Paulina streets. A stray bullet pierced their car, hitting Willow in the head.

Her father rushed her to UChicago Medicine Ingalls Hospital in Harvey. She was transferred to the Shirley Ryan AbilityLab, where she is still undergoing intensive physical therapy as she recovers.

Nearly three weeks later, police arrested 29-year-old Graylin Waters. Investigators said they found a gun in his vehicle, believed to be the one used in the shooting.

Waters was charged with one felony count of aggravated battery with a firearm and appeared in court in Markham Tuesday morning, where his public defender has requested a bench trial, and the judge continued his hearing until July. Waters will remain in custody.

Officers said they also found six shell casings.     

Waters does not have a Firearm Owners Identification card or Concealed Carry License, and police said he has a criminal history. They have not said who was the intended target of the shooting.

Police said they initially arrested Waters a day after the shooting.

"At that point, we did not have enough sufficient evidence to bring charges, being that we were trying to get a search warrant for his vehicle that was in our custody," said Harvey police director of division criminal investigations Javier Magana.

Detectives were able to track down Waters with a license plate reader.

"The mayor and the chief, they brought in, it's called a flock camera," Magana said. "With that technology, they were able to get license plate from the vehicle that was involved in the shooting and subsequently it came back to Mr. Waters."

Willow's family, wearing shirts with Willow's face, gathered with city leaders outside the Markham Courthouse on Tuesday morning along with their attorney. 

"Willow is alive. Willow is alive. Willow is alive. We should be smiling. This is a traumatic experience that she's went through, but Willow is alive," said attorney Quanda Drummer.

The family's attorney read a letter written by Willow's mother. The letter described Willow as a "vibrant" girl who "survived an unimaginable series of unfortunate events" in a place that "should be safe," a school zone. 

"By the grace of god, she survived," the letter read.

"She is better than the first day, but every day is still going to be very hard for her," Drummer said. "But each day is a bit better than the day before."

Earlier in the month, Chevlyn Nicholson, Willow's mother, spoke out in a plea to find the shooter. 

 "As a mom, getting that phone call that your 11-year-old baby girl has been shot in the head is very devastating," said Chevlyn Nicholson. "Yet I am very grateful that she's still alive."

Drummer spoke on behalf of Willow's mother on Tuesday.

"Our lives have been shattered," Drummer said on Nicholson's behalf. "Willow — our young all-around athlete, would have promised to become a future star — now faces a long, uncertain road to recovery."

As a result of this shooting, Willow's family is now pushing for a new law, called Willow's Law, to create stricter gun laws and harsher penalties for people who violate them in or near a school safety zone.

A judge ordered Waters' case to be continued to July 2.

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