Jan 7, 2009 2:00 pm US/Eastern
No Answers: Texas Cop Shoots Man In Own Driveway
BELLAIRE, Texas (CBS) ―
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Robert Tolan, seen in this undated file photo, was shot by a police officer while in the driveway of his Bellaire, Texas home. He sustained a bullet injury to his liver.
CBS
A 23-year-old man was shot on New Year's Eve by a police officer in the driveway of his own Bellaire, Texas home while his parents looked on.
Robert "Robbie" Tolan and his cousin had just returned home from a nearby restaurant on December 31 at about 2 a.m., according to CBS affiliate KHOU. An officer, Sgt. Jeff Cotton, pulled into the driveway behind them.
Family members said the victim and his cousin were ordered to the ground. They reportedly complied to the officer's order. But when Tolan's mother and father came outside to question what was happening, the situation got a little heated.
According to Tolan's family, one of the officers shoved Tolan's mother against a wall.
"He told them not to shove his mother," said David Berg, attorney for the Tolan family.
Tolan reportedly "leaned" up and questioned the officer about what was going on.
At that point, Sgt. Cotton opened fire.
At a Bellaire City Council meeting on Monday, City Manager Bernie Satterwhite declined to discuss allegations that the incident might have been motivated by racial profiling. Family members had difficulty believing a shooting at the home of the only black family on their Bellaire block was completely random, Berg said told the Houston Chronicle.
Tolan was shot in the chest. He was taken to Houston's Ben Taub General Hospital. His family is focused on his recovery. The .45-caliber bullet from Cotton's gun punctured his lung before lodging in his liver, Berg said.
"The doctors say that he'll likely have to live with the bullet in his liver for the rest of his life," he said.
Speculation aside, investigators and the family are trying to figure out why the officer stopped the men in the first place.
"The vehicle turned out not to be stolen. Why they thought it was stolen and how they got a stolen report is something that is not clear yet. All that will be determined in the investigation," said Holloway.
Tolan is the son of former Major League baseball player, Bobby Tolan. His father witnessed the shooting, and said he's very upset.
"The oddest thing to me is why they didn't check his license plate. If the car was stolen, there should be a report," said Mike Morris, Tolan's Uncle. "This is a classic case of racial profiling I think. Robby's a good kid. He never got into any trouble."
"The Bellaire police came here for no reason, and an officer shot a good man in cold blood," said Berg. "There is no doubt in my mind that if these had been white kids, this would not have happened."
Cotton, a 10-year veteran on the force, is white. He has been placed on Administrative Leave while the incident is being investigated.
(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)
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