Sgt. Jeff Cotton Indicted for Shooting Civilian

The Bellaire police sergeant charged in the shooting of a civilian that raised accusations of racial profiling was shocked by his indictment and maintains that he “in no way is a racist,” a spokesman for his lawyer said Tuesday.

A grand jury on Monday indicted Sgt. Jeff Cotton, who is white, in the Dec. 31 shooting of a black man in the driveway of his own home near a vehicle that Cotton mistakenly believed was stolen. The shooting prompted allegations that Cotton’s actions were racially motivated and ignited concerns about the treatment of minorities in Bellaire.

Cotton’s representatives, offering his perspective for the first time Tuesday, said race played no role in the encounter.

“Sgt. Cotton did what any prudent officer would have done in the same circumstances,” said David Donahue, an assistant to attorney Paul Aman. “This was a split-second decision and he is not a racial profiler.”

Cotton, 39, stands charged with first-degree aggravated assault by a public servant. He turned himself in Monday night and is free on a $20,000 bail.

Since 2004, five local officers have faced charges after incidents ranging from questionable use of a Taser to the fatal shooting of an unarmed teen. Prosecutors won a conviction against only one, Arthur Carbonneau, who killed 14-year-old Eli Escobar in November 2003.

Cotton’s case will be the first test of new District Attorney Pat Lykos’ police integrity division. The prosecutor who led investigations into law officers before Lykos’ arrival, Joe Owmby, left the office in December.

The incident that led to Cotton’s indictment began shortly after 2 a.m. Dec. 31. Robert Tolan, a 23-year-old former Bellaire High School baseball player who has tried to play professionally, drove toward his parents’ home after getting off of work at a restaurant.

An officer ran the plates on Tolan’s Nissan Xterra but pulled up the wrong information, leading him to believe the car was stolen. Several officers approached Tolan and his cousin as they got out of the SUV, ordering them to the ground.

Tolan’s family came outside and tried to convince officers of their mistake. During the exchange, Tolan’s mother was pushed against a wall. When Tolan rose to protest, Cotton fired several times, striking him once in the chest.

A grand jury began hearing testimony about the incident last week. Cotton spoke to them for two hours.

“He felt positive,” Donahue said of Cotton. “He was quite shocked the grand jury even came up with the conclusion to indict him.”

Cotton’s next court appearance is scheduled for April 17. The Bellaire Police Department’s own investigation is ongoing, and Cotton remains suspended with pay.