Chapter 22

The days passed uneventfully, and Nate was transferred out of the infirmary again and back to his cell, although he was no considered to be in solitary and so received his food in his own cell and was allowed to exercise alone. The day of his preliminary hearing arrived, and Nate was transferred to the courthouse where he noticed that his entire team was in the court room. He had spent a lot of time with Alan during the last few days, one of the key developments during the last days was that the eyewitness who had fingered Nate had overdosed and died two days ago. That meant that the entire case of the state rested on speculation and disproving Nate's alibi that Hardison had set up for him. Alan was sure that the case would be dismissed, and Nate would be a free man within a matter of hours, and he tended to agree with the man.

The hearing was short and to the point. Alan pointed out that the only real evidence against Nate was the so-called identification of him on a photograph by the man who was now deceased. Alan also brought up the fact that the district attorney or the police had disclosed why they had thought that Nate was involved and why they had showed his photo to the eyewitness who had not come forward but who they had sought out at the building where the killings took place. After argument from both sides the judge ruled that as there was no witness and that the witnesses testimony was in doubt and now it could not be challenged that the state did not have enough of a case to take it to a full jury trial. He did however dismiss without prejudice so that they could refile charges should they get any new evidence against Nate.

"Well that's it." Alan said turning towards Nate and shaking his hand. "I doubt they will file again, not without a witness."

"Thank you." Nate said then watched him walk out along with everybody else except his team and Tara.

Sophie walked towards him and pulled him into a hug giving him a kiss and then stood back and looked at him. He was haggard, he was thinner than she remembered and there was something else, something she could not place her finger on about his expression.

"It's over Nate." Sophie said softly.

"Yeah man, it's over." Hardison said taking Nate's hand and then pulling him into a one-armed hug. Eliot did the same and then Parker threw here arms around him squeezing him tightly.

"Ok…" Nate said blowing out a deep breath. "Well let's go home shall we." He said. This was far from over he knew. McBride had come after him on instructions from Elton and Elton was still out there and he was going to try to get revenge for the death of his lover. But he was tired, and he needed a drink.

"Yes lets." Sophie smiled at him but could not shake the feeling that there was something wrong, something Nate was not telling them.

They walked out of the courthouse and to the van. The drive home was short and when Nate walked into his apartment he went straight to the cupboard pulling out his bottle and pouring himself a glass downing it quickly and then pouring another before taking a seat at the table.

"How are you feeling Nate?" Sophie asked as she sat down beside him with the rest also taking their seats around the table.

"Fine Sophie." Nate said smiling at her. "Well a little sore and a lot tired." He admitted before finishing off his second glass and pouring a third much to the displeasure of all but none said anything.

"Well now you can take the time to really recover from this, it has been a long hard almost two months and you have gone through a lot." Sophie said reaching out and placing her hand on his arm.

"Yeah…I think I am going to go upstairs. Guys, I just want to say thank you." Nate said looking from one to the other. "I, I know it's been hard and some of the things that I did…well I am sorry." He said and they all stared at him.

"Nate you have nothing to be sorry for." Eliot said.

"I…well I think I am going to go, maybe you should also all go home and get some rest. Tara, thank you." Nate said as he stood taking his bottle and glass with him. They watched him go and then turned back to each other once he had vanished from site.

"What the hell?" Eliot asked turning to Sophie.

"I don't know Eliot, but something is not right, I feel it." Sophie said. She also noted that the step they had taken at the safehouse seemed to have gone backward, Nate seemed cold towards her, towards all of them.

"But it's over, we are in the clear and he is in the clear and Barrington is gone…" Parker said, she could also feel there was something out of place and Nate never said he was sorry either. Something was wrong she just did not know what.

"Well I am going to go." Tara said as she stood up.

"Thanks Tara I owe you now…" Sophie smiled at her and stood giving her a hug and before she left.

"So what do you think is going on?" Sophie asked looking at Eliot.

"Maybe he is just now realising he has to deal with everything that has happened over the last while and he is not sure how he is going to do that?" Hardison asked.

"Yeah it could be that, but there is something else."

"Sophie…"

"I don't know Eliot I just…I feel it."

"Well what about a movie." Parker asked, she also knew something was wrong but did not know what but she was not going to leave Nate alone that she did know.

"Yeah, sounds great girl." Hardison said, he was also not leaving.

Sophie debated if she should go up and see Nate, speak to him, she looked up the stairs sighed heavily, no she thought, he wanted to be alone and she would respect that but she was also not leaving. Eliot smiled at them and nodded.

"Ok and then I will cook us all dinner." He said. "Maybe having a family dinner is what he needs, he has always liked them."

Parker bounced into the kitchen grabbing herself some cereal and then flopped down on the sofa. Hardison joined her on the sofa and Eliot and Sophie took the two chairs on either side of the sofa as Hardison put on a movie.

Nate lay in his bed sipping on his whiskey, he could hear them all downstairs and knew they were not going to leave him alone. He closed his eyes and went over everything again, so Elton was out there, and he doubted that he would stop now that he had failed once. It must have been him that had put the police on to him, hoping to get Nate arrested and in jail where he could easily get to him, just as he had with McBride. Well now he was out, and Elton would have to find another way he thought, and his brows knotted together at that thought. He still had not told them about the threat or the reason for McBride's attack on him. He sighed heavily and could feel sleep pulling him, the whiskey and the sheer exhaustion was overtaking him. He sighed and finishing off the last of the whiskey in his glass he lay back and fell into a restless sleep.