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(CNN) -- Robbie Tolan sits in a Houston, Texas, hospital bed with a bullet from a police officer's gun lodged in his liver. The son of a famed baseball player was shot in his own driveway.
But how this unarmed 23-year-old and his cousin ended up in the cross-hairs of an officer's gun, suspected of stealing a car, is a question sparking allegations of racial profiling.
"There's no doubt in my mind that if these had been white kids this does not happen," said David Berg, Tolan's attorney.
It was 2 a.m. on December 31 when Tolan and his cousin, Anthony Cooper, were confronted in the driveway of their home by Bellaire, Texas, police officers. Police officials say the officers suspected the two young men were driving a stolen car.
Bellaire is a prominent, mostly white suburb in southwest Houston.