Surf's Up

/Chapter 14/

a/n: just needed another scene of Deeks being the great undercover cop that we never get to see in the show. And, as for the show itself and all the talk of his cover, Max, being so bad-ass and cruel…I just didn't see that at all…to me, Max, was pitifully bumbling on that one episode where he and Monica stole those diamonds (where Kensi was being particularly bitchy, self-centered & very unprofessional) & in the "Ray/Southland Kings" epi, he was just like any of the hundreds of thugs out on the street…I didn't see anything over the top or more bad-ass & cruel from "Max" than you would get from any thug on the street! For Deeks to be uncomfortable with the cover and for the others to worry about the cover…this is what I feel Max would really be like…

…..NCIS LA…..HAWAII 5-0…..

Deeks man-handled Michael Makito roughly, all the way to his rental, yanking open the driver's side door and whirling the man around to deliver a sudden uppercut that sent the surprised man flailing into the seat. Stooping to scowl at the man, Deeks warned in a low, throaty tone, "Do anything stupid…say one word…and our next stop will be a body dump…"

Makito's angry eyes followed Deeks movements as the detective raised his shirt to reveal the gun in his waistband.

Dropping his shirt tail after a few seconds, Deeks continued to threaten, "Hope we understand each other…"

Though the angry scowl never left his face, Makito just nodded sullenly. Deeks smirked and slammed the door closed, moving quickly around the car to the passenger side and sliding into the car, commanding, "Now drive…"

Tailing several car lengths behind, Steve was a bit impressed by the detective's undercover skills and a little taken back by the sudden harsh callousness and hate the detective was putting into the cover. Sparing a glance over at Sam, he joked lightly, "glad the guys on our side…", but was confused by the tight look on Sam's face, "problem…?"

"I hope not…" Sam huffed, tapping his ear wig, "G…?"

At 5-0 HQ, Chin was eying Callen with the same guarded look Steve was directing at Sam. Ignoring the questioning look for the detective, Callen simply pointed to the table, "…silence Deeks com."

Though confused at the request, Chin complied and then turned back towards the NCIS team leader as the conversation between Sam and Callen continued.

"Yeah, Sam, I heard it…this case is starting to get to him…stay on him…Chin and I are finalizing the last details for the Kaupu Point raid and I'm going to update Hetty in a couple of hours, " the team leader said, his voice tight.

"We got his back, G…" Sam replied with certainty.

"When Kensi finds out…" Callen left the sentence hanging.

"Yeah, G, I know…" Sam replied

Steve spared several more confused glances before asking expectantly, "…something I should know, Sam?"

Sam sighed heavily, "We've been working this case stateside for more than a month…we've been here close to a wee. Deeks has been under almost from the start…and now it looks like it could be at least a month or more here in Hawaii to get to March and the diamonds…"

"And…? He's an undercover cop…he's been on extended assignments…right?" Steve questioned, adding, "it's not like your team, or either of us, aren't used to extended ops…so what's the problem…?"

"Yeah, he has, not unusual for him to take the deep cover, four to five month ones. It's just...there were all kinds of ways Deeks could have played that out just now…it's the way he chose that might be a problem…" Sam hedged.

"Why? He's playing at a dirty cop…he needs to show Davenport and March he's serious…will do anything to see to the business," Steve pressed, "And, he's doing just that. So I'll ask again—what's the problem?"

"He's…Deeks has…he has this LAPD cover, one he uses for the worst cases…a real, brutal SOB…it's everything Deeks isn't…and he hates it, hates what it turns him into," Sam explained hesitantly, knowing it really wasn't his story to tell, but knowing that Steve needed some insight as to why he and Callen were worried, "he doesn't pull it out on a whim or use it lightly, it's a last resort kind of cover…"

Suddenly Steve understood, "and he's using that one now, isn't he…?"

Sam nodded, "tells us Deeks is worried. We knew March would be a hard sell…but if he's lost Davenport to March's paranoia? His story could unravel anywhere, and March proved he would dig a hole to China if he had to, to vet the people he's working with…"

Steve nodded in understanding, asking guardedly, "So…do we pull him out, or let it go?"

Resolute, Sam stated, "we let it play out…for now… If he's worried enough to pull out Max, then he's also in deep and blowing the op by trying to pull him out would only send him further over the edge. Last time that happened, he went in without backup, we nearly lost him…"

"It's your call…but if you feel you need to pull the plug and get him out we'll find another way to get to March…" Steve said.

Sam just nodded.

Steve turned back to the road, his mind going to his own team. Though his teams 'detectives' rarely did any undercover while working 5-0, they did have their own share of near misses and he couldn't help but think back to Danny's story of his last undercover with his, now deceased, NYPD partner. It made him stop to consider just what kind of undercover work Danny and Chin had done prior to their work with 5-0. Just what kind of case might push them to the edge?

…..NCIS LA…..HAWAII 5-0…..

Deeks had Makito pull into the back of the export building, pulling his gun with a harsh, "get out…"

Inside the building, Julia Stone looked up from her desk in the outer office, surprised to see Makito back so soon. She knew Makito had been hired by her boss to tail the mainland detective her step brother, Jensen, had hired following the confrontation with March over whether it was worth the risk to trust a "dirty cop".

"Makito…" she began to question, only to gasp in surprise when Deeks stepped out from around the young Asian, his gun aimed at her.

"Just sit still pretty lady…red would clash with that pretty orange dress you're wearin'," Deeks commanded coolly, waving his gun in her general direction.

Eyes wide and focused on the gun, Julia could only nod when Deeks then waved his gun back towards the office and asked, "Davenport in…?"

.,.,.,.,.,.,.,.,.,.,.,.,.

The door to Davenport's office suddenly burst open, crashing off the wall from the force causing Davenport to jump from his chair. He started to reach into his desk towards his gun but was stunned to see Michael Makito suddenly sprawled on his floor, "What the hell…?"

Looking up at the door, he was unable to hide the surprise on his face as Deeks stormed into the room and slammed the door closed behind him. Davenport raised his hands defensively as Deeks waved his gun between himself and the young man now trying to pick himself up off the floor.

"Care to explain this…? You hire someone to follow me you might want to do better than some dime store lackey…" Deeks ground out angrily.

"Hey…what the hell…" Makito started to protest, only for Deeks to kick the man in the gut, doubling the youth over.

Davenport's eyes went from the gasping youth on the ground to the gun held casually in Deeks hand, as the detective continued, "Thought we were squared away…you checked in with Mallory on the mainland…know my 'services' are on the level…then you go a pull shit like this!"

Deeks waved his gun towards Makito again, before channeling every bit of Max Gentry he could and facing Davenport, "Now, I've tried to be real patient with March…and now, apparently you, with second guessing me…but, I'm done. Just ask your lapdog, Jensen, what happens to people who try to threaten me."

His hands still out in front of him, the smuggler said with forced calmness, "Hey, just calm down. I see now that it was a mistake to second guess your 'loyalties'; but, you understand, in this business you can't be too careful and…"

"And you let that old bastard get to you didn't you. March is yesterday's news…he talks a big game, but come on, that old coot has been out of the game for thirty years," Deeks derided harshly, adding a mild taunt, "…you really think that old man has what it takes to best you…or me? You doubt your abilities that much then maybe it's me that should reconsider who I'm working for, I sure as hell don't need this shit."

Falling into the trap, Davenport nodded his head in agreement, scowling at the thought of March trying to tell him how to run his business, "you're right, of course. I shouldn't have let March get under my skin like that…or share in his paranoia; but, I don't want to lose that diamond shipment either…"

"You won't…" Deeks said firmly, "after all, you lose your investments…I lose my payday. Only makes good business sense to keep my employer happy…and, in business…"

…..NCIS LA…..HAWAII 5-0…..

Making the preparations to pull Davenport's key assets from Kaula Point and finalizing the sale of the art shipment kept Deeks steadily in the company of the suspects over the next two days, and away from direct contact with his team, giving the detective no down time from his cover.

While Davenport's misgivings were, for the moment, put to rest by Deeks unexpected and explosive display of anger towards the smuggler for the slight to his loyalties and abilities; the team was growing more worried as Deeks slide further into the persona he so desperately hated in order to maintain his cover and protect himself from Davenport's doubts and March's continuing suspicion.

Two days later, Davenport watched Deeks with interest and growing smugness as the detective finished his call with the head of 5-0.

Ending the call, Deeks looked over the Davenport with a self- satisfied smirk, "The raid is set to go down in two hours. I have, of course been ordered to stay clear to maintain my cover."

The older man nodded, "all that is there is some low end antiquities that I entrusted Keoloni to fence for me…all of our people have pulled out…"

"Good…then everything is going to plan," Deeks said, noting Davenport's frown, Deeks asked, "What's up? Keoloni takes the wrap and that's one less middleman to deal with when we set up regular shipments to the mainland."

"Just don't like losing a shipment, no matter how small…" Davenport said with an irritated sigh.

Huffing angrily, Deeks waved his arms in agitation as he said impatiently, "we have been over this and over this. I'm tired of saying the same shit. Mallory didn't have a problem with it…hell, he got a kick outa' leading the cops by the nose and congratulating themselves for nabbing a few thousand dollars in stolen goods…all the while, the big stuff was being moved right out of the port under their noses."

"Yeah, I know…"

"Look, I bet I can snag a video feed of the raid. We can sit back with some beer 'n popcorn and watch the cops take down that two bit fence…and congratulate themselves for taking such a 'bite' outa crime'," Deeks said sarcastically, adding smugly, "and all the while, we're moving a half a million dollars of art right off the island…with 5-0's blessing, I might add."

Davenport just shook his head, a wry smirk on his face, "I'll say it again, Deeks, you are on piece of work. One of these days you're going to have to tell me how you got 5-0 to turn over that confiscated art shipment."

Deeks met Davenport's eyes, his eyes cold, his tone low, "if I told you I'd have to kill you…"

Davenport started to chuckle, but stopped short when the detective held his gaze, his expression hard and impassive.

…..NCIS LA…..HAWAII 5-0…..

"They're loading it up now…" Sam reported as he lowered the binoculars, peering into the surveillance van he asked, "How's the raid going at Kaupu Point…?"

The set up was perfect; as Steve led HPD, SWAT, and some body doubles wearing 5-0 insignia, on the raid on Kaupu Point, Deeks was coordinating the movement of the shipment of art from the airport under the watchful eyes of his team.

"Raid went without a hitch. Just like Deeks said…low end antiquities and fence that has been on the HPD radar for a while," Chin reported, turning from the control panel and removing his ear piece.

"Looks like the art shipment is ready to roll out," Danny commented as he peered through the binoculars to the small, private marina below.

Sam again raised his binoculars to peer at Deeks before moving it to rest on a large yacht several moorings up from the smaller catamaran. He made out Kono and Kensi lounging on the deck in barely there bikini's while Callan was playing the "Playboy" and taking pictures...the cameras focus often shifting to the activity on the catamaran.

"Okay, I got several clear shots of our buyers…have Eric run it through facial rec and the authorities on the other side can pick these guys up," Callen reported, as he made a show of putting down the camera and turning his back to the other vessel, picking up a glass of wine and then stumbling towards the two women, who squealed when he fell across them.

The women's squeals caught the attention of Deeks, Richards and Davenport.

Davenport and the buyers frowned at the interruption, but Deeks just waggled his eyes and said lustfully, "man…get me one of them big boats and some of those bikini bitches…"

"Yeah, right man…" Richards replied with a laugh.

Davenport sniffed disdainfully, "it's a yacht…not a boat," turning to look at the still squealing women on the other vessel he scowled, "I still don't like this…doing this in such a public place…too many witnesses."

Deeks stood up straight and eyed the people on the yacht, snorting in disdain, "them…witnesses…they're not gonna remember even being on deck, never the less, what a few old dudes a few boats down are doing. You see the way they're putting back that booze," Deeks then leered and gave a snort, "maybe I'll just come back later and join the fun…"

Deeks face became hard as he noted Davenport seemed unconvinced. The constant need, over the last several days, to keep the man off-balance by twisting his concerns back at him was exhausting the detective and making him edgy, "man, have we not been over this already, what the hell am I doing here if you're gonna question everything I do…every decision I make? I'm really gettin' tired of this shit man…what the fuck do I have to do to prove to you I know what I'm doing?"

"I'm not questioning it," Davenport shot back with equal irritation.

"Good, I know how cops operate. I know how to keep you off their radar…so, let me do the job you're paying me for," Deeks reminded the man, adding, "what cop would suspect us of doing business out in the open…they're looking for clandestine meets in stuffy old warehouses…that's old school…out in plain sight…with plenty of witnesses to give the cops so many different descriptions they'll be chasing their tails for weeks; and that's providing they even know where to look. I tell ya' man, eye-witness testimony is unreliable on the best of days…no two people see the same thing the same way."

Deeks breathed a quiet sigh of relief as Davenport seemed to relax somewhat at the explanation, finally saying, "I'm going to go on deck…finish up the deal. You two finish getting the art secured and them head out…the competition is day after tomorrow and Jensen said they local news wants shots of the competitors on the waves."

…..NCIS LA…..HAWAII 5-0…..

a/n: it's actually true…eye witness reports are many times wrong…and there have been shows on TLC about how what our eyes see and how our brain interprets it are not always in-sync and when we glimpse something our brains don't have time to process, or at the periphery of our sight, or simply something we don't recognize, our brain just simply fills in the blanks with what we are already familiar with.

Ask a room full of people to give you a description of someone/thing that they got to see for less than 5 seconds and each person will give you a different description.