Shooting victim Tolan reaches settlement, ready to move on after 7-year fight

FOX26HOUSTON - More than 7 years after a police officer put a bullet in his chest before his mother's eyes, Robbie Tolan’s court battle with the City of Bellaire is over.

"Though I have my son I have had to watch his dreams die and part of his spirit die. We have given up so much as a family for a chance at justice," said Marian Tolan, Robbie's mother.

Instead, the near fatal shooting in the Tolan family front yard by then Sgt. Jeffery Cotton has ended in a settlement after the litigation traveled to the nation's highest court and back again.

"This is not about black versus white, this is about right versus wrong," said Daryl Washington, Tolan's attorney.

With the now Lt. Cotton claiming no assets and the City largely immune from liability court records obtained by Fox 26 indicate the Tolans felt compelled to accept a $110,000 settlement.

"This building that I am standing in front of, we did not get justice here, we did not get justice here," said Ms. Tolan.

"I'm just glad that it's over," said Cotton who was cleared by a jury of criminal charges in 2010.

As for the young man whose pro-baseball career was cut short by the pull of a police trigger - He says it's time to take his story more fully to the court of public opinion.

"We need to continue to work to effect change until that happens, it's going to keep happening, young black men unarmed are going to keep getting shot until we do something about it," said Robbie Tolan adding "I am satisfied that I get to move on and tell my own story."

And Robbie Tolan will not walk alone.

"The justice that we seek is not going to come from these courts. It's going to come from people. Mothers, fathers, sons, all people, not just black people, all people fighting for us to get justice. It has got to stop. All life matters," said Marian Tolan.

The settlement release can be viewed here.