Authorities say a gun was recovered at the scene. But Gardner's family says he did not have a gun and was holding his two-year-old baby.
"He always has the baby with him, always. And, for something like this to happen to him with the baby in their hands that's crazy," said Michelle Gardner, sister.
"I don't have any reports of that, and currently, we're investigating. There are no details on any of that," said Mark Payne, Independent Police Review Authority.
Gardner remains in serious condition at Christ Hospital in Oak Lawn and is under police guard. His injuries are not believed to be life threatening.