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| Episode 143 February 17, 2009 |
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Black in Bellaire
Robbie Tolan dreamed of following in the footsteps of his father, retired Major League Baseball outfielder Bobby Tolan. But in the early morning of Dec. 31, 2008, those dreams may have ended in a confrontation with police in affluent, predominantly white Bellaire, Tex. Wrongly suspected of stealing his own car, Tolan and his cousin were detained at gunpoint by police on the doorstep of his family's home. A moment later, Robbie Tolan's parents watched as their son was shot in the chest by a police officer. In an extended report, host Bryant Gumbel examines this disturbing case and interviews the Tolan family as they speak out for the first time about race and the night that changed everything.
UPDATE: POLICE OFFICER INDICTED IN ROBBIE TOLAN SHOOTING
On April 6, 2009, a Harris County grand jury cleared the way for a criminal case against Sgt. Jeff Cotton, indicting him on the charge of aggravated assault in the shooting of Robbie Tolan.
Cotton will face the first-degree felony offense of aggravated assault by a public servant in criminal district court. If convicted Cotton could be sentenced to a maximum sentence of 99 years in prison, according to the authorities. The Tolan family is also pursuing a civil lawsuit against Cotton.
"This is one step on a very long road that includes a criminal prosecution and includes a civil lawsuit, so we're still at the beginning," said Geoff Berg, Robbie Tolan's attorney.
Cotton made his first public comments regarding the shooting on April 16. He expressed remorse over the shooting of Robbie Tolan but said he'll be exonerated of any wrong doing once all the facts of the case come to light.
"I feel terrible about being put in that position," Cotton said. "I never wanted to shoot anybody, much less a person who turned out in the end not to have a gun."
Cotton described himself as a religious man, and said that he prayed for Robbie Tolan after he had shot him.
THE ORIGINAL ROBBIE TOLAN STORY
Shortly before 2:00am on December 31 2008, Robbie Tolan, a twenty-three-year-old baseball prospect, was shot by police in front of his home in Bellaire, Texas. The shooting occurred after police mistook Robbie Tolan's vehicle for a stolen car. Robbie's parents, Bobby and Marian Tolan witnessed the shooting as they stood in their driveway wearing their pajamas. Robbie Tolan survived the shooting, and was recently released from the hospital. But he has a bullet lodged in his liver and his baseball future has been cast in serious doubt. Since the shooting, HBO Real Sports, has been investigating how such a tragic event came to pass.
Baseball is a family affair for the Tolan's. Bobby Tolan enjoyed a successful 14-year career as a Major League player. He was a member of the World Champion St. Louis Cardinals in 1967, and in the 1970s, he played for Cincinnati's famed big red machine. Known for his bolting speed, Bobby Tolan, led the National League in stolen bases in 1970.
After retiring from the game, Mr. Tolan settled his family in Bellaire, an affluent white enclave surrounded by greater Houston. It had nice homes, great schools, and a strong baseball tradition with a roster of homegrown pro's like Chuck Knoblauch, Jose Cruz, jr. and Bubba Crosby.
A passion for baseball took hold early and was rooted deep in Robbie Tolan. After high school, Robbie played college baseball for Prairie View A&M, winning a conference title in 2007. Afterwards he was signed by the Washington Nationals and played for a year in their farm system. Released by the Nationals last year, Robbie Tolan was still determined to carve out a career in baseball. He played for the independent Bay Toros in Galveston, Texas last season and was currently training in preparation for an invite back to spring training this season.
On the night of the shooting Robbie was returning home with his cousin, Anthony Cooper, 20, with fast food from a nearby Jack in the Box. Officer John Edwards, of the Bellaire Police Department, ran Robbie Tolan's license plate information. When he entered the plate information incorrectly, Robbie Tolan's Xterra SUV came back as stolen, according to the Bellaire Police.
Officer Edwards called for back up and Sgt. Jeffery Cotton arrived on the scene. The two officers confronted Robbie Tolan and Anthony Cooper as they were approaching the front door of their home.
"There was no, 'this is the police' or nothing. Just emerges from the dark." said Robbie Tolan. "The gun, flashlight pointed at me and my cousin, 'Get down on the ground.'"
Robbie and Anthony were both lying on the ground when Marian and Bobby Tolan heard the commotion and came outside.
"And I said, 'this is my house my car, my son, my nephew. It's not stolen,'" said Bobby Tolan.
The Tolans then say that Sgt. Cotton pushed Mrs. Tolan against the garage door. At that point, Robbie reared up off the ground and said: "Get your fucking hands off my mom!" Sgt. Cotton then turned and fired his gun hitting Robbie Tolan in the chest.
"The guy never said a word," said Marian Tolan. "He never said, 'shut up,' he never said 'get down' or 'stay down.' He never said a word, he picked his gun, he took his gun and he just shot him."
The entire incident unfolded quickly. Two minutes past from when Robbie and Anthony exited their vehicle to when Robbie was shot, according to the Bellaire Police incident report.
The Bellaire Police issued a press release immediately after the shooting stating that Sgt. Jeff Cotton: "had no previous disciplinary record."
Real Sports has since learned that Sgt. Cotton and Officer Edwards both have significant blemishes on their records. Officer Edwards has been reprimanded six times and was suspended without pay for violating the department's sexual harassment policy in 2005. Sgt. Cotton has been reprimanded three times and was suspended without pay after misleading investigators about a 2002 traffic accident, one of three crashes he's caused.
Since the Tolan incident, Bellaire officials have said very little about the shooting. They've deferred to the Harris county district attorney's office who are conducting the official investigation into the shooting. The Harris county D.A. won't comment on the case until their investigation has concluded. But the pretext for the shooting has fueled a longstanding debate over the extent to which Bellaire police engage in racial profiling and target minorities.
Bellaire has a population of almost 16,000 and is less than one percent black. However, in 2007, 22 percent of the of the motorists given traffic tickets in Bellaire were black and 39 percent of the motorists who were stopped and searched were black, according to data collected by the Bellaire Police Department.
In 2005, black drivers in Bellaire were almost 12 times more likely to be pulled over and asked for a consent search than whites. Compared with the rest of Houston, black drivers were four times more likely than whites to be searched, according to the Texas Criminal Justice Coalition, a non-profit organization that collects and compiles data on race and traffic stops.
Bellaire officials maintain that they have a proactive police force, but they do not engage in racial profiling. They say the disproportionate numbers relating to race and police pullovers are explained by the high volume of non-Bellaire residents who commute through the city to more racially diverse parts of Houston. Interstate 610, know as the "loop" that encircles metropolitan Houston, passes through Bellaire. Since the Tolan shooting they've hired an outside consultant to examine and reassess the issue of racial profiling in the police department.
The Tolans want to see sweeping changes in Bellaire's civilian and police leadership. But they are skeptical that the district attorney will ever get to the bottom of the shooting.
"You know what, I don't care if we get it here or not," said Marian Tolan, referring to justice in her son's case. "We're gonna get it somewhere. Cause we're not stopping. We're not stopping."
Doctors say Robbie Tolan was fortunate to survive the life threatening gunshot, but no one can predict how far or fast he will recover. Because the bullet will remain in his liver, there is a constant risk of infection to the vital organ.
When asked whether or not the ship has sailed on his baseball career, Robbie Tolan replied with a sigh: "the part with the bullet in it."
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Episode 152 - November 24, 2009 Episode 151 - October 27, 2009 Episode 150 - September 15th, 2009 Episode 149 - August 18, 2009 Episode 148 - July 21, 2009 Episode 147 - June 23, 2009 Episode 146 - May 19, 2009 Episode 145 - April 14, 2009 Episode 144 - March 17, 2009 Episode 143 - February 17, 2009 Episode 141 - December 23, 2008 Episode 140 - November 25, 2008 Episode 139 - October 21, 2008 Episode 138 - September 16, 2008 Episode 137 - August 26, 2008 Episode 136 - July 22, 2008 Episode 135 - June 24, 2008 Episode 134 - May 12, 2008 Episode 133 - April 15, 2008 Episode 132 - March 10, 2008 Episode 131 - February 11, 2008 Episode 130 - January 22, 2008 Episode 127 - October 23th, 2007 Episode 126 - September 18th, 2007 Episode 125 - August 14th, 2007 Episode 124 - July 17th, 2007 Episode 123 - June 20, 2007 Episode 122 - MAY 14, 2007 Episode 121 - APRIL 16, 2007 Episode 120 - MARCH 5, 2007 Episode 119 - FEBRURARY 12, 2007 Episode 118 - JANUARY 22, 2007 Episode 117 - DECEMBER 26, 2006 Episode 116 - NOVEMBER 21, 2006 Episode 115 - OCTOBER 30, 2006 Episode 114 - SEPTMEBER 19, 2006 Episode 113 - AUGUST 15, 2006 Episode 112 - JULY 18, 2006 Episode 111 - JUNE 20, 2006 Episode 110 - MAY 16, 2006 Episode 109 - APRIL 11, 2006 Episode 108 - MARCH 7, 2006 Episode 107 - FEB. 7, 2006 Episode 106 - JAN. 17, 2006
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