BELLAIRE, Texas -- A 23-year-old man is recovering from injuries after he was shot outside his home by a Bellaire police officer who thought the man was in a stolen SUV.

“The vehicle turned out not to be stolen,” Bellaire Police Assistant Chief Byron Holloway said.

The car actually belonged to the wounded man, Robert Tolan.

An officer, Sgt. Jeff Cotton, saw the two men in the SUV about 2 a.m. on Wednesday. Apparently Tolan and his cousin had just returned home from a nearby restaurant. The officers approached the men as they stepped out of their vehicle, believing the SUV they were driving was stolen.

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.

Tolan was shot in the chest. He was taken to Houston’s Ben Taub General Hospital.

“It’s my understanding that he’s out of surgery, in stable condition and is doing well,” said Holloway.

Both investigators and the family are now 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 has been employed with the Bellaire Police Department for 10 years. He has been placed on Administrative Leave while the incident is being investigated.