Chapter 4
DISCLAIMER:- I do not own NCIS or its characters and no copyright infringement is intended.
A/N:- As this story is primarily a crime fic, this chapter sees the start of the investigation and features forensic and autopsy procedures and findings. Plus we learn more about Tony's strong ties to the Barnes family and a SecNav directive turns up the heat on all of the teams at NCIS. For those of you who like the angst, drama, and confrontations – please bear with me - there's a long way to go and plenty of that ahead. L
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Gibbs and Tony arrived in the bullpen at 0630 and found Ducky sitting at Tony's desk with his coat and hat beside him.
"Good morning Jethro, Anthony!" he said in a tone that was way too cheery for such an early hour.
Both men acknowledged him, though nowhere near as enthusiastically.
Ducky looked at Tony critically before saying.
"I believe you made me a promise, young man. I'm here to take you to the hospital."
"Ducky," Tony started to protest, "I'm fine, really. I don't…"
"DiNozzo!" Gibbs' tone was harsher than he had intended. "Go with Ducky! If you want to keep working this case, I want you cleared for duty. You better go and see Abby first -she's been worried."
Tony muttered his displeasure under his breath as he headed for the elevator - once he was gone Ducky looked at Gibbs.
"He doesn't look at all well, Jethro. Did he get any sleep last night?"
Gibbs shook his head. "Put him to bed about 0100, did a concussion check at 0300 and found him sitting in the living room at 0530. Don't know how long he'd been there."
"Oh dear," Ducky said, "all the more reason why he should be checked out at the hospital and have some x-rays, and a CT scan. I've taken the liberty of calling a colleague of mine who works at Bethesda, he's expecting us. All being well, we should be back before 10 o'clock."
"Commander Barnes is coming in to officially identify the body this afternoon at 1500," Gibbs said "How soon can you do the autopsy, Duck?"
Ducky smiled sadly. "In view of how important dear Rebecca was to our Anthony, Mr Palmer and I completed the autopsy in the early hours of this morning. I placed the preliminary report on your desk. Rebecca's wounds are, in fact, very similar to those sustained by a young woman I autopsied only recently," Ducky stated.
Gibbs was on his feet in a flash. "What case, Ducky? What young woman?"
"The case was assigned to Agent Markinson's team." Ducky explained. "I believe her name was Cortez. You and Anthony were testifying at the Corelli trial at the time and your team was off rotation. The perpetrator was never caught and I'm afraid and the case went cold."
"I would venture the opinion that our killer has had medical training and that the murder itself was quite deliberate, almost calculated."
Ducky opened the file on Gibbs' desk to further illustrate his point.
"How can you tell, Duck?" he asked.
"Well Jethro, each knife wound was inflicted directly to one of the vital organs, where it would cause the most damage," Ducky explained. "In the case of Miss Cortez, the liver, the kidneys, the lungs and finally the heart. Young Rebecca suffered fatal wounds to her liver and kidneys before Anthony's unexpected arrival interrupted her attacker. This was not a case of randomly stabbing the victim in a blur of rage. No Jethro, our killer certainly knew what he was doing."
Gibbs' eyes narrowed in thought and he quickly looked around the bullpen to ensure his senior field agent was not in the vicinity.
"Ducky, why didn't this guy kill Tony? He was armed with a knife, there's no doubt he knew how to use it and he had Tony cold. Why kill the girl and not DiNozzo?"
"Well, Jethro, at this point I'd only be hazarding a guess," Ducky replied. "Had he hit Anthony much harder, he may very well have killed him! Either he tried to kill Anthony and failed or he just needed Anthony out of the way so he could make his escape. My guess would be the latter, if he wanted Anthony dead, he would have used his knife and made sure of it."
Gibbs nodded his head in agreement. "Thanks Duck," he said. "Sound's like I need to get my hands on the Cortez file."
As he turned to leave Ducky called after him.
"Wait, Jethro! I have more. While performing Rebecca's autopsy, I found traces of chloroform on her face, specifically around her nose and mouth and also traces in her lungs. I found the same on Ms Cortez. I can confirm that chloroform was used to subdue both victims. However, by comparing the chemical elements in the samples from both victims, Abby should be able to determine that the chloroform came from the same source and thereby confirm…"
"That we're looking for the same killer!" Gibbs finished.
--oo00oo—oo00oo—oo00oo—oo00oo—oo00oo--
Tony stood watching from the door of the lab as Abby urged her various computers and forensic equipment for faster results. She stilled for a moment, sensing she was being watched and turned in his direction.
"Tony!" she squealed running towards him. Normally, she would throw herself into his arms in a bone-bruising hug. This time, however, she recognized the look of exhausted despair on the face of her friend and drew him into a gentle embrace. He buried his face in the curve of her neck and she felt him take a few deep shuddering breaths to compose himself.
"I was too late, Abs, I couldn't save her," he said softly. "I promised I would take her home to her parents but I couldn't."
"I know," she said sadly, "I'm so sorry, Tony."
She pulled him closer and kissed his cheek before stepping back to take an appraising look at him. He was pale and his green eyes were flat and red-rimmed with tiredness. She saw the gash at the side of his head, which had taken 11 stitches.
"Oh Tony, that's nasty! Have you been to the hospital yet?" she asked quietly.
"Ducky's waiting to take me there, now," he said.
She gave him a sad smile and took his hand.
"Come on, Mister," she said, "Let's not keep the Duckman waiting."
She led him to the elevator and back to the bullpen, delivering him into Ducky's custody. As Tony and Ducky left for the hospital, Abby continued to gaze worriedly after them.
"Abs?" Gibbs called "You okay?"
She turned to look at him with concern evident in her eyes.
"I'm worried about him Gibbs," she said "He's so sad! I'm sure he blames himself for Becky's death."
Gibbs shook his head. "Ducky said Becky would have bled out no matter how quickly they got her to hospital."
Abby gazed sadly at Gibbs. "Unfortunately, Gibbs, Tony won't accept that."
"Tony ever talk to you about the Barnes family, Abs?" Gibbs asked.
Abby's pigtailed head nodded in affirmation. "A little, you know Tony – he prattles on about everyday stuff but keeps what's really important to him close to his chest."
"So you're saying that the Barnes family is really important to Tony?"
"Yep, he met Pete at the JAG office about two years ago when he had to testify on a case. They hit it off, became friends and started playing basketball together. Remember how Tony used to volunteer to work all the holiday weekends so that agents with families could go home?" Abby continued without waiting for Gibbs to reply. "Well, about two years ago, Pete's wife Helen found out that Tony spent Christmas having a stale turkey sandwich at his desk and she totally went off. Helen made sure that Tony was invited to every holiday dinner since." Abby smiled sadly, "They're really special people Gibbs."
"And Becky?"
"You know our Tony doesn't usually have much of a rapport with kids," Abby said. "But Becky was different. He'd take her to all the latest kids movies and always bought her the coolest presents. Tony just adored her. You know Tony's own childhood was no picnic, but he told me once that the Barnes family was what he thought a real family should be."
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"I'll be right up," Gibbs said into his phone before placing the handset in its cradle.
Automatically, he looked up to tell his team that he had been called to the Directors office, when he remembered that he was alone. Tony had not yet returned from the hospital and Ziva and McGee were still processing the crime scene at the warehouse complex.
Pushing back from his desk, he walked through the bullpen and rounded the corner to the staircase leading to the Director's office.
Cynthia was not at her desk, so Gibbs walked straight in to the office without waiting or knocking. His lips formed a little grin as he realized he would have walked straight in even if Cynthia had been at her post.
Director Jenny Shepard was finishing a phone conversation when she saw him. She signalled for him to take a seat. After completing the call, she replaced the handset and looked up at him.
"I heard about the child, Jethro, I'm sorry," she said genuinely. "How's Tony?"
"At the hospital getting checked out," he answered impassively. "He'll be fine."
"Any leads?" she asked.
"We believe Rebecca's killer may also be responsible for the murder of a young woman last month, a Christina Cortez," Gibbs reported. "The case was assigned to Markinson's team and was given a "cold case" status after only two weeks."
Jenny didn't miss the accusatory tone in the last statement. She looked him directly in the eye as she replied.
"Had you learned to open your emails or bothered to attend the weekly team leader briefings, you would be aware that we have had a directive from SecNav regarding this agency's current caseload." Jenny ignored Gibbs rolling his eyes and explained.
"During the past two months, NCIS has received a record volume of cases falling under our jurisdiction. SecNav is concerned that some of these cases are not being investigated within acceptable timeframes." Jenny frowned; she was not entirely comfortable with the directive herself. She steeled herself for Gibbs' reply.
Gibbs scoffed. "If SecNav didn't insist that his agents attend those damn useless sexual harassment and other rubbish courses, he'd have more teams available to do their jobs!" he voiced loudly.
"Yes, we've all noticed what an overwhelming difference the sensitivity courses have made to your demeanour," Jenny said dryly before she continued a little more assertively. "Until further notice, all cases that have had no new leads or evidence at the end of a two week period, are to be allocated a "cold case" status and the team will be assigned to the next current case."
Gibbs opened his mouth to object and she cut him off by holding up her palm.
"Yes, Jethro, this does include your Major Case Response Team!" she said anticipating his objection. "Once the caseload volumes return to normal levels, teams will be re-allocated these cases and can resume their investigations."
"By that time, Director," Gibbs began, "The perps will be long gone! This is not going to work, Jen!"
"I agree," she said, surprising him a little, "and I argued that very point, Jethro, but SecNav has made his decision. I have my orders Special Agent Gibbs and you have yours. I will be depending on the team leaders to monitor each case closely before giving any file a "cold case" allocation."
Jenny looked more than a little uncomfortable when she added.
"Jethro, I'd really appreciate your input on the cases being investigated by the other teams. We can't afford to miss anything. This means I must insist on your presence at the team leader meetings, once things get back to normal, you can go back to avoiding the meetings like the plague. "
They both leant back in their chairs. Unofficially, they were on the same side of this argument but, as Director, Jenny had to enforce any directives from SecNav – whether she agreed with them or not.
"You already know that I have had an additional assistant medical examiner assigned to our office on a temporary basis to assist Ducky and Palmer. I'm worried about Abby. She's been working around the clock trying to keep up. I've arranged to have an additional forensic specialist assigned TAD to help her. This isn't a perfect solution, Jethro, but it's the best I could do."
Gibbs stood and turned to leave. As he walked to the door he looked back at Jenny.
"Hope you did a thorough background check on the new forensic scientist and made sure they don't have an axe to grind with DiNozzo, like the last one."
She smiled wanly at him and placed her hands on her hips with indignation.
"Of course I did!" she answered sharply. "Give me some credit, Jethro, I'm not your Probie anymore."
She watched him leave the office and once she was sure he had passed out of earshot, she lifted the receiver of her phone.
"Cynthia, could you please return the personnel files for TAD forensic specialist Prudence Connelly and Special Agent DiNozzo? Thank you, no… it's fine. I just need to check something."
--oo00oo—oo00oo—oo00oo—oo00oo—oo00oo--
Ziva and McGee had spent a bitterly cold night at the crime scene. They had each grabbed a few hours sleep in the car and were giving the perimeter of the warehouse one final look for evidence. The winter sun had finally risen and although it provided little warmth it provided the daylight they needed to complete their search.
They spotted a group of teenaged boys watching them from the other side of the road.
"They have been watching us for almost one hour," Ziva commented.
"Do you think that one of them could be our anonymous 911 caller?" asked McGee.
"There is one way to find out," Ziva replied.
She walked back into the warehouse, leaving McGee to walk in the direction of the boys. He tried to look as casual as possible knowing that the youth in this neighbourhood did not share the best relationship with cops or authority figures.
"Hi," McGee called to the boys. "How are you guys, doing?"
The group suddenly disbursed, teenagers running in all directions. Only one boy remained.
The boy, who looked about 13 years old, seemed as if he were torn between the decision to run or stay. "Are you a cop?"
"No," McGee replied, "I'm a Federal Agent. We're here to investigate the kidnapping and murder of a little girl. Do you live around here?"
"A murder!" A horrified look crossed the boys face. "Um, yeah, I live about two blocks away."
"I'm Special Agent Timothy McGee," he continued, "What's your name?"
The boy suddenly looked suspicious. "I don't have to tell you that. I didn't do anything wrong!"
McGee held up his hands, palms upturned. "No-one said you did. We're just having a conversation. I thought you or one of your friends may have seen or heard something last night, that's all."
"Well, we didn't," the boy replied. "Anyway, I have a seven o'clock curfew, what makes you think I'd be out after nine??"
McGee tilted his head a little to the side. "I haven't told you what time it happened yet."
The realization that he had just said more than he had intended, hit the teenager as if struck. He turned quickly to high tail it after his friends but Ziva had covertly moved into position right behind him, blocking his escape route. She gently took him by the arm.
"You are not in any trouble," she told him, "but I think we may have found our mysterious 911 caller. Yes?"
The boy nodded numbly and McGee fell into step alongside Ziva.
"You know, Ziva," he said. "One of these days, you're gonna have to show me how you do that."
"Do what?" she asked.
"Suddenly materialize out of no-where," he said. "It creeps the hell out of Tony and would give me a chance for a little payback. How did you do that? I didn't even see you coming!"
She gave him one of her "that's for me to know" smiles and accompanied the boy back to the warehouse
--oo00oo—oo00oo—oo00oo—oo00oo—oo00oo--
Ziva and McGee waited for the boy's mother to arrive and then took the boys statement and returned to NCIS headquarters. They delivered the evidence they had collected to Abby and returned to the bullpen, just as Gibbs was returning from his meeting with the Director. They spoke briefly before Gibbs sent the younger agents to shower, change and get something to eat. They had worked through another night with little rest. That was part and parcel of being an NCIS field agent and neither of them would complain about the hours – especially within earshot of Gibbs. However, with Tony injured, he needed McGee and Ziva at their best.
Tony and Ducky arrived back at 0900. Tony had just seated himself at his desk when Gibbs sent him to Security in the foyer to arrange a visitor's pass for Commander Barnes' arrival later in the day.
Nodding in the direction of his departing senior field agent, Gibbs asked.
"How is he Duck?"
"Very lucky indeed and exceedingly stubborn, I might add!" Ducky replied. "The x-rays revealed a small hairline fracture to his skull, whilst the MRI indicated minute swelling to his left temporal lobe."
"A fractured skull, Duck?" Gibbs concern was evident. "That doesn't sound too lucky to me!!"
"A small hairline fracture, Jethro and no sign of inter-cranial bleeding. The nausea and dizziness have subsided somewhat and his vision has almost returned to normal. If the scalp wound stays free from infection, it should heal nicely." Ducky continued
"Still sounds bad, Duck. Should he be here?" Gibbs asked.
Ducky looked rather exasperated. "I'm afraid that he is likely to have a rather severe headache for a few days. The doctors wanted to keep him at the hospital for a few hours observation, but he refused. He signed himself out AMA! I really wish you'd talk to him, Jethro, he listens to you. Maybe you can talk him into resting!"
"He's hurt, he's angry and he's got a personal stake in this case, Duck. That's a dangerous combination with Tony," Gibbs explained. "If he's well enough to be out of the hospital, I want him here where I can keep an eye on him. Is he fit for active duty?"
Ducky deliberated a moment before replying. "Light duties, yes. But I'd rather not have him exert himself physically while he has that concussion. The neurologist has prescribed painkillers and anti-inflammatory tablets. As long as he takes his meds and we watch him for any signs of nausea or confusion he should be fine. What he really needs now is proper rest, Jethro – sooner rather than later."
"He's a grown man, Duck," Gibbs said. "You know DiNozzo, he's not going to stop working on this case to take a nap."
Ducky looked at Gibbs with a twinkle in his eye. "Ah," he said mischievously, "you leave that to me."
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