Meanwhile, a man taken into custody in the shooting -- Lawrence Denard -- was charged Thursday with four felony counts -- the murder of 3-year-old Carlo Nava, two counts of attempted murder and also the possession of an illegal firearm.

In a phone interview from his hospital bed, Robert Hudson was upset with Oakland Police Anthony Batts’ labeling of the shooting as being gang related.

“The chief is labeling us as gang bangers and he hasn’t even spoken to us,” Hudson said. “He’s labeling us as gang bangers from the jump. We are innocent bystanders just like the baby was. I don’t want the family [of the young victim] to think that the bullets were meant for me and then they come after me for getting their baby hit. I don’t know anything about it.”

Hudson said he does not have time to be in a gang – taking care of his family takes up all his spare time.

"I'm 37. I'm not in any gang," he told KTVU. "I don't have time for that. I have four kids. I'm trying to take care of them."

Hudson and another man were severely wounded in the fatal volley of at least 15 shots near a Little Ceasars Pizza parlor on Oakland's International Blvd. on Monday afternoon.

A stray bullet struck Nava in the neck as he sat next to his mother in a stroller shaped like a toy car. Nava died of his wound a short time later at Oakland's Children's Hospital.

The death of the 3-year-old has triggered outrage in the community ravaged by deadly violence. Batts has not hidden his emotion when talking about finding the gunman responsible for the drive-by shooting.

Oakland police have saturated the area of the shooting with officers, interviewing known gang members. On Wednesday, police confirmed they have taken a man into custody in connection with the shooting. He was later identified as Denard.

Hudson said he had gone to a market down the street from the shooting scene to pick up a sandwich for lunch. He was walking home through a parking lot -- passing a friend of his (the other shooting victim) -- when the shots rang out.

"I saw the dude with the gun sitting out of the car -- out of the window," he told KTVU. "If I had decided to run through the parking lot I would have gotten hit. So what I did was to try to run back to the store."

"I was walking passed Jerome [before the shots rang out]," said Hudson. "He was already standing there. He was talking to someone. That’s when I saw the gun."

Hudson said Nava and his mother were walking behind him when the shooting began.

"After I was shot I heard the mother yelling 'No Pedro! No Pedro!'" he said. "She picked up the kid and ran back to the store."

As he lay there, Hudson watched the shooter drive off in a gray Dodge Neon. Chaos erupted on the street.

"There was a lot of people out there when the shooting started, so everybody just started running their own way, hoping they would make it away from the bullets," he said.

Hudson described the shooter as a "black dude with dreads. I didn't see face because I was diving to get out of the way."

He said he knew he was wounded when his right leg would not function as he tried to flee.

Hudson said he was recovering, but needed additional surgery before leaving the hospital.