UNTIL INNOCENT
CHAPTER TWO
'No!'
It was a single word but it was uttered with finality, and there were fierce, menacing undertones to it. But Fornell did not scare easily.
'There will be an interview,' he told Gibbs, his own voice hard and uncompromising.
'Yes, there will. But it will be an interview, not an interrogation, and it wont be now,' stated Gibbs.
'Is he awake?' persisted Fornell, peering past Gibbs, even though the door to Dinozzo's room was shut.
'No, he's still unconscious,' said Gibbs. There was no need to tell Fornell that Dinozzo had woken briefly, been told about his various injuries, and clung to Gibbs' hand before returning to sleep.
'I'd like to see for myself,' said Fornell as he stepped forward. Gibbs' arm shot out like an iron bar, halting Fornell's progress. Their eyes met. Fornell's were hard. Gibbs' blazed with the protective ferocity of a guard dog.
'Not now,' the ex-marine breathed.
'Imagine yourself in my shoes,' said Fornell. 'Two dead agents, and your computer geek is alive – saved by a loose cannon who seemed to be the only one who knew what was going down. Dinozzo's gonna have to come up with some good answers or we might be having two trials.'
Gibbs seethed inwardly. No, he couldn't immediately explain why the inexperienced McGee was alive while two highly trained FBI agents were dead. And yes, he'd be pissed if he was Fornell, but questioning Tony's integrity was unwarranted, particularly when the man was unable to physically or mentally defend himself. Gibbs did not trust himself to articulate all of this, however, without exploding.
'Back off, Fornell,' he growled. Fortunately for them both, the FBI agent did so, muttering that McGee better be ready for his 'interview' later that day. Gibbs immediately made the call to arrange for an NCIS guard to be placed outside Tony's door. Sharlon was safely behind bars, but Gibbs was determined to protect Dinozzo from non criminals who might seek to do him harm.
………………………..
Tim McGee continued to pace the floor of Abby's lab while Abby and Ziva watched and listened. They listened patiently to him tell them what they already knew: he was anxious about the impending visit of the FBI. McGee had already given a brief statement immediately after the incident, but now Fornell was after the nitty gritty, and Gibbs was going to be present. McGee didn't know who he was more scared of.
'Just tell the facts as you remember them,' said Ziva. 'And answer their questions directly. Do not suppose or speculate unless you are asked to.'
'I know, I know,' said McGee, still pacing. 'I just don't want to say anything that's gonna get Tony into trouble.'
'McGee!' said Abby sharply. 'You didn't do anything wrong and Tony didn't do anything wrong. How could anything you say get him into trouble?'
'It's just the way they mess with what you say,' continued McGee. 'And I can't even explain how or why Tony did what he did.'
Ziva grabbed his arm to stop him in his tracks.
'He saved your life,' she told him, her voice low and serious. 'There is no more explanation needed than that.'
McGee looked into her eyes for a few moments before nodding and sighing. It was true. If it wasn't for Tony, McGee would be in one of Ducky's drawers for sure. He was just going to have to make sure he didn't screw up the interview. He owed at least that much to Tony.
Gibbs was not surprised to find McGee with Ziva and Abby. As he entered the lab he saw the three and then found himself with his arms full of Abby.
'Gibbs!' she gushed with her arms still around him. 'How's Tony? And what about you? Have you slept? Is he awake yet? Is…'
Gibbs cut her off by gently placing a finger across her lips and smiling, despite his weariness.
'Tony's gonna be fine,' he assured her. 'He's got some healing to do, but the doc says he'll make a full recovery.'
Abby nodded and gave Gibbs a big smile even though he had chosen to ignore her questions about his own need for sleep.
'Fornell's here,' Gibbs told McGee, turning his attention to the other man. 'Keep to the facts and look to me if you're not sure. Fornell's already made up his mind about something and I don't want him getting any support for his crap theories from you. Got that?'
'Yes Boss,' answered McGee before reluctantly following Gibbs.
………………………
Fornell: For the record, describe what happened when you arrived at Sharlon's cell two days ago.
McGee: In my undercover role as a prison guard, I arrived at Sharlon's cell, accompanied by Smith, a real guard who knew about the covert operation. Sharlon was playing cards with FBI Agent Maxwell and the prisoner, Silva. FBI Agent Carter and Special Agent Dinozzo were standing in the far corner, talking. We announced that it was time to go to the exercise yard. Smith unlocked the cell door. The four men came out and walked single file to the exercise yard.
Fornell: Was there any conversation on the way?
McGee: Sharlon was bragging about winning the card game. Special Agent Dinozzo was whistling.
Fornell: Whistling at what?
McGee: Whistling a tune. A Frank Sinatra tune.
Fornell: What happened when you got to the exercise yard?
McGee: As Smith was unlocking the gate to the yard, Sharlon suddenly had a gun in his hand. Before I could react, Agent Dinozzo knocked me over. Sharlon fired at us and then fired at Carter and Maxwell. I then saw Silva restrain him.
Fornell: What was Smith doing?
McGee: I saw him help to restrain Sharlon after the shots were fired.
Fornell: Did Sharlon know Carter and Maxwell were not real prisoners? Had their cover been blown?
McGee: I don't believe so. There was no indication of that. Agent Dinozzo would have halted the operation had he thought so.
Fornell: Why did Sharlon shoot at you and then at Carter and Maxwell?
McGee: That is unclear. Part of his escape bid? He still thought I was a guard. Maybe he told Carter and Maxwell facts that he wanted kept private.
Fornell: What did you do when Sharlon opened fire?
McGee: Tony..um.. Agent Dinozzo pushed me over the low wall. I heard the shot at almost the same time. Agent Dinozzo must have knocked himself out on the concrete floor because he didn't move. His body was pinning my legs to the ground. I heard two more shots and then managed to half sit up to see Silva and Smith pulling Sharlon's arms behind his back. Then the other guards came running.
McGee recalled the sickening sensation of hot, sticky blood oozing from Dinozzo's leg wound onto him. He had been terrified that Tony was dead until he felt the other agent move slightly.
Fornell: You and Smith were supposed to be the only ones armed. You're the only undercover operative unscathed. You did not have time to fire your weapon. How do you explain that? How did Sharlon get the weapon?
McGee: I had no time to draw. It all happened so fast. The gun appeared out of nowhere.
Fornell: Dinozzo must have known something. He acted quicker than anyone else. Shame he didn't pass on his knowledge to Maxwell and Carter.
Gibbs: That's enough. That's not a question. It's speculation and it's slander.
McGee: There's no evidence that Tony knew anything before it started to happen. Sometimes he just reacts quicker than anyone else.
Fornell: You'll be telling me it was his gut next. Interview terminated.
………………………………
Fornell put away his papers and left the room. McGee remained seated at the table watched by Gibbs who had not left his position standing against the wall.
'You did good, McGee,' said Gibbs gruffly, sitting down on the seat vacated by Fornell.
'I really thought Tony was dead,' confessed McGee, his eyes wide.
'Dinozzo's fine,' Gibbs reassured him in the lightest tone he could manage. 'The medics said that someone managed to put good pressure on his thigh wound. Take it that was you.'
'Yeah,' admitted McGee, recalling the repulsive act of washing Tony's crimson blood from his fingers.
'Good job,' said Gibbs. He knew full well how squeamish McGee was.
'I just don't understand how Sharlon could have the gun,' said McGee, his face a picture of bewilderment. 'I should have been able to suss that out.'
'Dinozzo will have some answers,' Gibbs told McGee with more confidence than he felt.
'Will you be the one who asks him when he regains consciousness?' asked McGee. He did not want Fornell going for Dinozzo in his current mood.
'He doesn't remember yet,' Gibbs told him. 'He has some memory loss that the doctor believes is temporary. He hit his head pretty hard.'
'I thought you told Fornell that he hadn't woken up yet,' said McGee.
'He woke briefly,' Gibbs told him. 'I told Fornell he wasn't ready for questioning. You only tell the FBI what you want them to hear.'
'What if he doesn't remember?' asked McGee. 'Will they try and pin something on Tony? He doesn't deserve that, Boss.'
'He'll remember,' Gibbs told him. 'And until he does, we won't LET them pin anything on him.