Title: Passing Circumstance

Disclaimer: Yeeeah...I don't own them. Poor boys would be permanently scarred if I did.

Author's Notes: So many favs for this little story...i'm touched. I hope you all enjoy this chapter, even if you don't get the lemon here. It's coming soon I PROMISE. However, this chapter is mostly action oriented, along with some romantic moments. Hope you enjoy!

Passing Circumstance: Chapter Three

The storm had raged for hours, incredible flashes of light that made Near blink against the intensity and bury his face into his pillow. It had been raining like this every night for a solid week, the snowy-haired boy finding practically no rest and having an increasingly hard time paying attention during his daily classes. How L managed to concentrate on nothing but coffee and a cat nap was beyond him. Near needed four hours sleep in a day and a half period, at the very least, to function at one hundred percent. These constant interruptions were tiring at best and frustrating at worst. He was too light a sleeper for this.

Another burst of lightning and he was sitting bolt upright in bed, anxiously letting his eyes dart around the room that he and Mello shared. Near's dark eyes fell upon the blonde's bed, hoping to find the other boy sleeping there, only to discover that the sheets were bereft of his presence. Cocking his head to the side, Near's fingers instantly found his hair and twirled it slowly, biting at his bottom lip uneasily. It was a habit that he engaged in only when other's weren't around, feeling that he made him look weaker than he already did.

He barely walked most of the time, better not to allow others to think he was even more impaired.

"Mello?" he called softly, expecting to hear the answering response, only to be greeted with silence. "Mello, where are you?"

Thunder shook the house, prompting him to rise slowly, the floor cold beneath his toes as he went to the window to look out. Glancing down at the entrance to the Wammy's House, he could barely make out the shadow of a young man, his hair slicked back with water as he walked into the courtyard, away from the house. Near concluded that it could only be Mello, curious as to what he could possibly be doing out in the middle of a storm with nothing on but his pajamas. The older boy hadn't even thought to grab an umbrella before he walked outside…such a masochist.

It seemed like poor decision making, even as Near himself pulled on his white rain boots along with his black slicker and grabbed the first umbrella and flashlight that he saw. If Mello wanted to go out and catch pneumonia than it really wasn't any of Near's concern…but something was compelling him to act. A force beyond himself was moving his feet out the front door and into the rain, even as his mind warned him that it probably wasn't the smartest thing to do. Curfew had long since passed, it was raining, and Mello probably didn't even want him there…

And yet he was moving anyway…

He'd seen Mello move east, away from the grounds, out into the forest that lined the property. Near moved to follow his roommate, his flashlight's beam bobbing as he walked in that direction, hair blown backwards with an exceptionally hard gust of wind. The water was even colder than it had appeared from his room, sliding down the black plastic of his umbrella to pool at his feet, now muddy and filthy. Truly, Near had to have lost his mind…Mello couldn't have been worth this bother. As the forest closed in around him, the light from his small flashlight seemed to be partially swallowed, Near's heart speeding up unreasonably at the notion of what kinds of strange things could be waiting for him out in the woods.

Of course, the strangest thing in the entire forest was probably the person he was seeking. Near's imagination was just getting away with him, making him fearful of things that weren't really there.

So lost in his own thoughts, walking rather blindly in whatever direction his feet happened to be moving at the moment, that he didn't notice a small hill approaching in front of him. Not until he was slipping, umbrella flying from his grasp, and falling down the hill, did he actually realize what was going on exactly. Though once he came to a grinding halt, absolutely covered with mud, a sticky leaf plastered to his forehead…he kind of had a better idea of his present situation.

Vile…he hated being dirty.

"Near!?" he heard from above him, squinting upwards in the dark, once again seeing the outline of Mello's body in a random flash of light. "Near, what are you doing?"

Before he could reply, Mello was sliding down the hill, coming to a stop next to him and bending over. Long-fingered hands reached out to yank Near onto his feet, pulling the leaf off his forehead with a disgusted expression that Near could see even through the dark. He must have looked awful, he didn't blame Mello for acting repulsed. Every limb was sticky with mud, water dripping off his hair, his body beginning to shiver with cold, breathing hard.

"What the fuck Near," Mello breathed out, pushing wet hair out of his face. "Why are you out here in the rain?"

"I," Near said, his teeth chattering a few times, licking his lips, tasting rainwater when he did. "I saw you come out here…I followed you…"

"Why?!" Mello yelled over the sound of loud thunder, leaning down towards Near's face. "Did it ever occur to you that I might have wanted to be alone?"

"Y-yes," Near responded truthfully. "But I came out here a-anyway…are y-you all right?"

Mello seemed taken aback by the question, blinking a few times in the dark as he cocked his head to the side. Near took a step backward, sliding in the mud only to be caught by the other boy's hands once more, pulled closer to him so that they were within inches of each other. Mello's hands were on his shoulders, looking down so that their eyes met, fingers digging into Near's wet pajamas…and Near felt…odd.

Everything was out of focus.

"Why are you asking? It's not like you care."

The odd feeling in his stomach got worse, making him look down at the ground, away from Mello's eyes, when the older boy spoke. Near had never been especially good at analyzing his own emotions, and so he was unable to answer Mello's question. Though if he'd tried, he probably would have denied Mello's claim…he cared…though he wasn't sure how or why. Only that he wouldn't have followed him out here if not for that reason, satiating his curiosity and his concern.

Another roar of thunder and Near was jumping again, small hands reaching forward without his say-so to clutch at the front of Mello's shirt. His fingers dug into the wet fabric, heart pounding, and he felt all-together silly. He shouldn't have been letting this sort of thing get to him, should have been in more control…he'd have to work on it. He wouldn't allow the weakness to persist.

"Come on Near, let's go inside, you're shivering," Mello murmured, putting his hand on the small of Near's back and gently pushing him forward. When they'd gotten up the hill, walking slowly through the forest, Mello stopped. Near turned his head to look back at the blonde, pointing towards the house with its porch lights shining gently in the distance.

"I guess I'm always going to be taking care of your ass even if I don't want to, huh?" Mello murmured, shaking his head. Near couldn't help but wonder if his rival's expression was amused or annoyed…perhaps a combination of the two. Either way, his voice was resolute, the decision made, even if Mello was displeased about it.

And even years in the future, nothing ever seemed to change…

"No one is forcing you to take care of me Mello," Near said, pushing his shoulder against the door to the emergency stairs, grunting with the effort even as Mello did the same. They'd been trying each door one at a time for what seemed like an hour, all of them giving the same result. When the earthquake had happened, the electricity going out all at once, the locks of the doors had become inoperable…they were trapped rather effectively up here on the top floor…together…alone…in the dark.

Could things get any more cliché?

"Well you're not coming up with any bright ideas to get us out of here, so it's sort of my responsibility now," Mello replied, giving one last hard shove to the metal door before kicking it swiftly and turning around. "Unless you've come up with some grand scheme in the last five minutes that you've been unwilling to share?"

"No," Near answered, slightly petulant. "Don't you have some kind of axe? What kind of mafia leader doesn't have a sharp object on hand?"

Mello turned to Near then, bottom lip coming out sulkily, crossing his arms over his soft brown vest with a sullen expression. Without saying anything, he grabbed Near's hand again, dragging him back into the apartment (apparently it was an abandoned apartment complex) and shutting the door behind them both. After that he pulled out the flashlight that they'd found after much blind groping in the dark and turned it on, moving it around the room jerkily.

"I have guns, Near," Mello said in an exacerbated way, putting the light in Near's eyes for a brief second, making him cover his eyes at the sudden brightness. "I didn't really think I'd be needing things like axes and saws…forgive my oversight."

Sitting down on the floor with a sigh, Near pulled one leg up to his chest and rested his chin on it, trying to think of something they could do to get out of this situation. When nothing was forthcoming he scooted downward until he lay on his side, burying his face into his bicep and pretending that this wasn't as awful as he thought it was. A few moments later he felt Mello lay down next to him, his warm body sprawled next to Near's own.

Minutes went by as they lay quietly, the sounds of their breathing the only noise in the dark apartment, until finally Near spoke.

"What about the elevator? Couldn't we pry those doors open with something?"

Once more the light was in Near's eyes, only this time much closer as Mello was right next to him. "Mello, stop shining that in my eyes please," he murmured, looking away and covering his face again. Near's temper was almost non-existent, but even he had his limits…and as usual Mello was happily pushing past them without any real regard for his stability or emotions.

Perhaps Mello didn't think Near had any emotions…

"Come on Near, help me find a screwdriver," Mello said quickly, pulling Near to his feet and moving the light around the room. It only took a few minutes for them to find what they were looking for, moving out the door towards the elevator shaft. At first Near wasn't quite sure how this was going to work out. His intelligence was more based on fact and planning than actual action, and he wasn't that great with thinking on the fly. That was Mello's department.

"Hold this," Mello handed off the flashlight to Near who held it pointed to the elevator doors, glancing around the two of them. Without a word the blonde pulled back, slamming the screwdriver as hard as he could between the metal doors, the sound of metal scraping against metal ringing through the empty hallway and making Near's skin crawl. He hated loud noises, unexpected sounds…it was the reason he preferred to sit in the quiet by himself. It was bad for concentration to be startled all the time.

"Nnngg," Mello's arms were straining, his eyes closed tightly; Near could see it even in the dark. The older boy was struggling to pry the doors open even while the screwdriver began to bend slightly against the effort, making Near wonder how long it could hold out. And so he came forward, putting the flashlight into his mouth as he placed his hands on Mello's own, pulling with everything he had (which wasn't all that much, but still) to force the doors to give way. If he'd been paying a little more attention, he might have seen the surprised expression on the blonde's face, the way his eyes went soft for a moment before becoming serious again. But as usual, Near was focused on one thing, barely able to notice anything else going on around him.

The doors slowly began to open, inches revealing themselves one at a time as a small stream of red light poured out into the hall. When the power went out the emergency lights in the elevator shaft must have turned on, not all that much light, but enough to see in. Finally they got enough room to put their hands in, the screwdriver thrown to the side (it was ruined at this point, nearly bent in half) while the two of them pried the metal open until they could easily see down the shaft. Thankfully there was more than enough space to climb in and get down the ladder.

"You want us to," Near began softly, blinking down the shaft in an incredulous way, pointing down slowly. "…climb down to the first floor?"

"How else will we get there?" the other boy replied, his voice annoyed as he turned around and put his feet onto the top rung of the ladder. Near's fears rose as he watched Mello take a deep breath, his face slightly shadowed by the red lights that made his hair look like it was covered in blood, made his skin shine in the semi-dark shaft. He looked up at Near, their eyes meeting, and gave him a small, reassuring smile. "Don't worry, it's not THAT far to the first floor…"

Near's foot was shaking ever so slightly as he placed it on the cool metal of the ladder, swallowing hard as his heart jumped into his throat. If he didn't look down, didn't look into what seemed like the bottomless pit of this metal hole, he would be fine. Those were the same words he kept repeating to himself as he began to lower himself down, hearing Mello move down the ladder beneath him. He would have preferred to be able to see Mello, but he had a feeling that the blonde wanted to be able to catch him in case Near should fall...which was entirely possible considering how hard his hands were shaking as they gripped the solid metal.

"It's okay Near," he heard below him, a warm hand coming up to wrap around his ankle, startling him slightly though not enough to make him fall. "Come on...everything is going to be all right." Mello's thumb moved in slow, rhythmic circles around the bone of his foot, prompting him to look down at the older boy's face.

Mello was smiling softly (had he ever looked at Near like that before?), the lights of the shaft reflecting in his eyes, making them seem to glow demonic red. The look in them made Near's breath catch, made his pulse speed up (more than it already was), made every hair on his body stand on edge. And yet, his face remained neutral, trying as hard as he could not to be affected by Mello's gaze. Silently Near wondered whether or not his eyes gave him away, his barely contained desire and apprehension leaking out without his consent, but didn't have time to worry about that...they needed to get down this elevator shaft before anything else happened. Near had his doubts that he'd be able to make it down all the way anyway, kept imagining himself clinging helplessly to Mello's back as the poor boy moved them both down the ladder.

That would be so humiliating.

"Move Near," Mello demanded, his voice firm, and removed his touch from Near's ankle. "Don't look down, don't think for once, just move."

After the first few rungs things seemed to get a little easier, his body finding a rhythm as he moved it in succession. One foot, one hand, other foot, other hand, one after the other until finally he felt a little less ill at ease and a bit more confident. He'd even gone so far as to glance down the shaft, finding it not quite as scary as it had been before, proud of himself and the small accomplishment. Maybe it was necessity forcing him to adapt to new challenges, or maybe it was the company of the only person who had ever convinced him to change. Either way it was pleasing.

"This isn't so bad," he said, his voice slightly cheerful as he continued down the ladder. He'd been about to say something else when the world once more began to violently shift around him, the ladder swaying a bit under his fingers, his eyes flying wide as everything seemed to shake around him. Aftershock. In his rush and need to get off the top floor he'd neglected to remember that this might happen again, pretty much throwing himself into danger's path. Perhaps they should have thought this out a little more carefully…

The world shook once more, harder than the other tremors, and Near felt his grip slip. Suddenly everything was moving in slow motion, his voice dying in his throat as he failed to regain his hold on the ladder and began to fall backwards. Would Mello catch him, or would the older boy simply allow him to die, becoming no more than a messy smear on the ground below? He probably should have known the answer to the question, but he was too afraid at the moment, his brain not processing any thought but the seeming inevitability of death. He was going to die, going to die, going to die…going to…

…be caught by Mello at the last second…

"Near!" Mello cried, one hand reaching out to grab the front of Near's shirt and holding on, the other hand still gripping the ladder with a shaking arm. "Come…on Near." Even Mello's voice was shaking, prompting Near to look at him with a dazed expression. He'd never heard Mello sound like that before. "QUICK!"

"Yes!" he said, startled from his reverie before reaching forward as quickly as he could towards the ladder and getting his footing back. Near had only a second to catch his breath, shaking fingers holding onto the rungs for dear life as Mello released the grip on his shirt. Near couldn't help but notice that the blonde was breathing quickly, his eyes were closed, and he looked a little more than annoyed. Had he made Mello angry? Quickly Near discarded the idea, knowing Mello well enough to understand that if he were truly upset he would say something right away. He wasn't the sort to hold his feelings in really…

"Are you all right?" Near asked softly, his voice low, vaguely intimate.

Deciding not to wait for the answer, Near continued down, going back to the pattern his body had found earlier until they were standing on top of the elevator at the bottom of the shaft. It didn't take long for Mello to open up the emergency hatch, dropping down and looking around slowly before glancing back up at Near who was still peering down into the elevator with a slightly lost expression. He didn't like situations like this, ones that were so chaotic and out of the ordinary. It threw all his careful planning to the four winds, not that he could have planned for anything like this anyway.

"Here," Mello said softly, holding his arms up for Near to move into. Once again Near felt vaguely feminine, sighing softly as his face took on a small pout. He didn't like playing the damsel in distress, found the whole idea of him needing someone to save him vaguely insulting and overwhelmingly embarrassing. Then again…he did need Mello to protect him right now…didn't he? It wasn't as though he would have been able to do all this on his own. Mello had been a guiding force in this whole thing.

Of course, him having kidnapped Near was the whole reason they were in this mess to begin with, but that was besides the point now.

Near slid down into Mello's arms smoothly, his feet touching solid ground, making him feel better almost instantly. It must have been a human instinct to prefer to be on the ground, rather than up in the air. All Near knew was that he was glad to not be in that damn elevator shaft, and that being encircled in Mello's arms was…soothing. It was comforting to feel the warmth of another person pressed against him, even though the idea that it was soothing caused him to be slightly alarmed. He didn't like people in his personal space…not at all…why was Mello the exception?

"I'm fine." Mello whispered, blinking down at Near a few times in the dim emergency lights. "You almost wound up pancake style there, didn't you?"

"Yes," Near answered, equally as softly, his arms hanging uselessly at his sides, his hands feeling tingly. It was almost as though the appendages had fallen asleep, only it was more pleasant and less painful, something Near didn't mind rather than wished to go away. "Thank you."

Instead of answering, Mello took his hand and led him out the half-open door of the elevator. Apparently this one had been in the process of closing when the power went out, so at least they didn't have to pry it open too. The lobby of the apartment complex was deadly quiet, unlived in, and oddly clean for no one being in it. Near wondered when it had been abandoned, as it didn't look particularly old, nor did it look particularly worn down. Perhaps some kind of violation had caused the building to be closed, or perhaps the owner had gone bankrupt, or perhaps…

"Near," he heard beside him, pulling him from his thoughts and back into the real world. "I don't know how likely its going to be for us to get through to the SPK."

"Do you not have a vehicle to get us back?"

"Near, there was just a massive earthquake," Mello said, rolling his eyes. "How likely is it that the bridges are still stable and the streets are still maneuverable? You're a smart kid, try to keep up with the program here."

The streets were cold as they pushed open the doors to the building, Near's hair rushing back from his face, making him gasp into the chill. Every streetlamp was dark, the lights of the city gone save for a few blinking planes up in the sky and the moonlight that streamed down into the empty alleyways and avenues. Near had been in New York for quite a while, and he'd never heard it be quite so…tranquil. The only sounds were the distant sounds of honking horns and a few yelling people. Odd…everything had come to a standstill in less than a minute.

It was…unnerving…

Without warning, a loud crash could be heard down the street, Near's attention being drawn by a group of young men running at full speed out of a nearby store. From this distance he couldn't tell what they were carrying, but it didn't take a genius to realize that the objects obviously did not belong to them. He stepped backward unconsciously, towards Mello who was pushing some coins into a payphone, cussing when the phone call didn't go through. Though Near hated to show such weakness, he soon found himself mere inches from his rival, small fingers wrapping around the hem of Mello's shirt.

"Near?" Mello said, turning his head and hanging up the phone. "What's wrong?"

Near found he didn't have to respond to the query as another noisy racket resounded through the empty street, Mello's eyebrows raising for an instant before glancing over at the snowy-haired boy who was looking around with a vaguely worried expression. Without a word the blonde was making them move back towards the apartment building, pushing the door open and looking around as if he had something in mind. Eventually Mello found what he was looking for, pushing a large, heavy-looking, table in front of the main entrance and nodding in a satisfied way.

"No way are we going back out there with looting and shit going on," he said, turning back to Near and joining their hands again. "We'll go out in the morning if we can, in the meantime we're just going to have to hang out."

Upon hearing this, Near felt his heart speed up just slightly. The thought of facing the thieves and vandals in the dead of night, with no electricity and no hope of rescue, sounded infinitely safer than spending the night alone with Mello. Maybe it was because Near was fully aware of how very, very susceptible he was to the older boy's charms…if charms was the word Near really wanted to use. If anything it was more like magnetism, two sides of the spectrum drawn together without their permission and without any real hope of breaking apart. It made a few miscreants seem like a walk in the park in comparison.

At least (much to Near's relief) they weren't going to be using the elevator shaft to go back up to Mello's room, instead finding an open door to the stairs and moving upwards that way. As unused to physical exertion as Near was, he soon found himself tiring as they trekked their way up the flights and flights of stairs, breathing out a sigh of relief when they pushed open the door to the top floor. Mello shoved a picture frame into the door to make certain it didn't relock itself and they slowly made their way back where they'd begun this nonsense.

"Maybe we should just sleep," Near said softly once the door was closed behind them, hearing Mello move around the room, opening drawers and pulling things out. Before long the room was aglow with soft candlelight, the blonde turning off the flashlight as he brushed crumbs off the bed and sat himself down. Mello didn't speak, simply watched Near who stood frozen in the middle of the room, uncertain for once of how to proceed in a situation, his face bored and blank as usual. All he knew was that he was out of his comfort zone, and that there seemed to be no way to get back in.

Near had always been of the opinion that if Mello were ever turned into an animal, he would certainly be a cat. The way his body moved, all muscles and graceful movements, was so much unlike Near's own that they could be nothing if not inherently feline. If only the blonde could purr, than the illusion would truly be complete. Those characteristics were what he displayed now as he rolled onto his back and looked at Near upside down, his legs bent at the knees, hands gently gripping the sheets below him, grinning mischievously. Briefly Near wished that there was more light, because when Mello's hair had fallen back it had finally fully exposed the scar that fascinated Near so. He'd always wanted to see it…the extent of the damage.

"Are you tired?" Mello asked, cocking an eyebrow towards Near. Instantly the younger man knew he'd made a mistake. Near was often known for staying up for incredibly long hours, not bothering to go to sleep until he absolutely needed to. It wasn't quite to the extent that L had once done, but he still didn't sleep in a normal schedule. The fact that he was mentioning sleep now was obviously to cover up his discomfort, and it was even more obvious that Mello knew it.

Busted.

Sighing softly, Near's hand found his hair. "No, there just isn't a whole lot to do…"

"Of course there is," Mello said, turning back onto his stomach and leaning his head on the mattress, blinking blue eyes of lapis lazuli at Near with an innocent expression. "You're just avoiding the palpable. But if it makes you feel better, we can just play a game for a while. How's that sound?"

Near perked up slightly at the mention of playing a game, which sounded infinitely safer than any of the other things that they could be doing which were floating through his mind. Swiftly examining the room around him, he shrugged his shoulders and wondered what they could possibly do that would constitute a game. Mello's apartment (as it were) didn't have very much in it, and Near didn't think that the blonde had anything hidden away in a box somewhere. What were they supposed to play without toys?

The question was answered when Mello got up off the bed, looking around underneath it until he pulled out an old box, blowing the dust off the top before lifting the lid. He then sat down on the floor and crossed his legs, motioning for his companion to come over before smiling at Near's instantly delighted (as delighted as he ever got) expression. Chess. There was a chess board inside that old box, an obviously antique set, the pieces perfectly carved of black and white marble so that they were heavy in his hand when Near reached down into the box to examine them. The board itself was made of glass, thick enough not to break easily but thin enough that you could easily see through it.

"Where did you get this?" he asked, situating himself on the floor across from Mello and watching as the blonde set the pieces up one by one. "I remember this board from when we were children."

Mello had the decency to look slightly embarrassed as he finished putting up his side (black pieces for him, of course), laughing softly. "Yeah, I stole this when I left. I liked it!"

"Kleptomaniac."

"Oh like you've never stolen anything?" Mello quipped, then shook his head. "Come to think of it, you probably haven't…you've never had to worry about it."

Near's face fell somewhat before he moved his eyes to the board, pushing his index finger down onto the queen piece and moving it around a little. He felt a little better with his hands occupied, not quite so jumpy in the face of a situation he couldn't get out of. Mello sat silently across from him, his face a mask of thought until he leaned forward a little and put his finger onto one of Near's pawns.

"Tell you what," he began, his finger knocking the pawn over before raising it back up. "Let's make this more fun. For each piece we take, we also take one truth. Sort of like truth or dare…only without the dares…and with chess pieces." Mello sat back, putting his finger to his lips before narrowing his gaze and pointing at Near in a slightly accusing way. "And no lying Near..."

Near sat quietly, unmoved by the suggestion outwardly but secretly his heart spiraling out of control in his chest. Truths? Did that mean he was supposed to tell Mello whatever he wanted to know? That seemed like a bad idea, an easy way for his rival to gain information to destroy him with. And yet, Near was curious. Truths about Mello were hard to come by, as the blonde was secretive, keeping his personal business extremely private. Though he may have been a hothead and headstrong, he didn't always let others know why he was so motivated.

And to be honest…Near was intrigued.

"Then you must be honest as well Mello," Near said finally, a small smile gracing his lips as he pushed his pawn forward two spots.

Scoffing quietly, Mello thoughtfully looked down at the board, pondering his first move. "Really Near…am I anything but?"

Time would tell…