And Not to Yield
Chapter 7
Words: 2,674
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Magnum was sitting at Higgins' desk in the Estate's study reading through the draft of what appeared to be a new unpublished Robin Masters novel. The phone was pulled up close by as he waited for Higgins, or TC, or Rick to call as evening's dusk darkened the windows. When it rang he snatched it up. "Hello.. TC! Where are you? I've been trying to get hold of you and Higgins for hours.. which hospital.. I'll be right there.. wait.. have you heard from Rick? Okay, I'm leaving now." Running out the door he jumped into the Ferrari and peeled out down the drive into the gathering dark.
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Coming off the freeway the Ferrari was speeding along a brightly lit thoroughfare when he suddenly spied a prowl car parked ahead next to a fast food restaurant. As he slowed he caught a glimpse of a familiar figure, with wild red hair, entering the restaurant's front door. As he passed he saw two uniformed police officers sitting in a cubicle next to the plate glass window. Suddenly alarm bells went off inside his head and without thinking he down shifted, hit the brakes, and threw the car into a squalling sliding turn. As the car straightened out he stomped on the gas accelerating back towards the restaurant.
The two officers looked up out of the window at the sound of the squealing brakes and revving engine. Before they could react they felt someone come up and halt at their table. Looking up they were confronted with a wild-eye stare and glinting highlights from a small pistol being raised. One officer went for his gun, while the other threw himself at the crazed figure. Before the officer could complete his lunge, the pistol barked snapping his head back, his body falling in a boneless heap to the floor. Suddenly a louder deeper report shook the room and Bob staggered back. A second report threw him into the counter, and as he fell loosely to the floor a third report shattered the night, sending another slug slamming into his body.
The surviving officer clawed himself out of the cubicle and wildly looked around, first at Bob's motionless figure and then at his partner whose unconscious body was making gasping gurgling sounds as small sharp spasms thrashed his head in a pool of widening blood. Then the dinner door crashed opened and the officer threw himself into a wide-eyed crouch, aiming at the figure coming at him.
"Put that damn gun away,' Magnum barked at the officer, as he knelt next to Bob and placed fingers against the unmoving neck. With a grim shake of his head he spun to the fallen officer and grasping him by his shoulders pulled him out from the cubicle onto the main floor. Manhandling the convulsing form onto its side Magnum cradled the officer's head against his knees with one arm while he forced the clenched jaws apart. Suddenly a spasm shot chunks of half chewed food across the floor and the unconscious officer began heaving in great shuddering gasps of air.
Magnum grabbed a handful of napkins that lay scattered on the floor and wiping the man's face rolled the officer onto his back while he cradled the unconscious man's head in his lap. Tossing the soiled napkins aside, he pulled a large kerchief from his back pocket and pressed it over the wound in the man's forehead. "Get on the horn and get an ambulance here. Your partner is still alive."
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Magnum sat dejectedly on a counter stool staring at Bob's silent form lying where it had fallen. The cafe was full of flashing lights from police cars and the ambulance which was taking the injured officer away. He raised a hand to his head then paused as he saw the blood that covered it. He sat staring at it for several moments with his hand halfway raised, then finally with a shake he stood and moved through the officers that were filling up the diner with blue uniforms and crackling radios, to the restroom.
Pushing through the door he stopped in front of a sink and turning on the water scrubbed the drying blood from his hands. Bending down he splashed huge double handfuls of water onto his face and then resting his hands on the sink slumped with bowed head as he tried to bring his mind back in focus. Finally he took a deep breath, dried his face and hands as best he could with handfuls of cheap paper towels, and turned toward the door.
Re-entering the cafe he heard Lieutenant Burke's booming voice over the cacophony of sound and saw his hulking figure standing over Bob, while he gestured to other officers and pointed here and there amidst the crowd. Suddenly Burke looked up and spied Magnum - a look of disbelief and hatred spread over his face. His hand flew to his waist and emerged from under his jacket clenching his snub nose police weapon. "Grab that man!" he yelled at the uniformed officers next to Magnum as he pointed his pistol directly at Magnum. "Don't move, you."
Startled the uniformed officers looked at Magnum and then back at the Lieutenant. "I said grab that man. Get the cuffs on him." Burke yelled furiously. "Do it, now!" Two officers merged on Magnum and grabbing his unresisting arms forced them behind him, bending him slightly over as they slapped handcuffs on him. "By God, I've got you now." Burke advanced on Magnum, thrusting his contorted face at him. "You'll spend the rest of your life behind bars, you bastard!"
Suddenly the officer whose partner had been shot, pushed his way forward. "Lieutenant, what are you doing? This guy didn't have..."
"Stay out of this." Burke roared turning on the man. "He's the perp's accomplice. We almost had him this morning but this bastard helped him get away." Shaking his gun at Magnum Burke shouted the officer into silence. "He's the cause of this."
Suddenly a wave of anger washed over Magnum and in fury he lunged forward dragging the two officers holding him. "Cause! You want to know the cause? You're the cause you stupid bastard. I had him talked into coming in. He was going to turn himself in. But you couldn't stop. You had to keep pushing and pushing until you pushed him over the edge." Trembling in nearly uncontrolled rage Magnum shoved himself forward pushing the pistol Burke held on him back with his chest. "None of this had to happen. It wouldn't have happened but for you, you..."
"Gentlemen!" A soft but commanding voice suddenly cut through the room. "May I suggest we keep it down." Captain Tanaka suddenly materialized in their midst as the uniformed officers surrounding Magnum and Lieutenant Burke stepped back. Pushing himself in-between the two the Captain placed a hand on Magnum's chest and pushed as the two officers pulled him back. "Are you armed, Thomas?" As Magnum's gaze continued to lock on Lieutenant Burke, Tanaka waved his hand in front of Magnum's face. "I asked if you are armed, Thomas?"
Magnum blinked and refocused his eyes on the much smaller man standing in front of him. "No. No, Captain, I'm not armed." Tanaka looked at the two officers holding Magnum and after a quick pat they shook their heads.
With a sigh Tanaka turned to face Burke who still had his pistol pointed at Magnum, and therefore at Tanaka as well. "Lieutenant, if you wouldn't mind holstering your weapon I think that would serve to greatly reduce the potential danger I seem to be facing." With a start Burke looked at gun he was pointing at the Captain and quickly holstered it. "Now, Lieutenant can you give me a brief explanation of just what is going on here."
"We got one officer down. A dead perp," Burke pointed with his foot at Bob's body, "and the perp's accomplice. I told you this morning, Captain. But you wouldn't listen. You..." Burke's tirade was cut off by Captain Tanaka's raised admonishing hand and the fallen officer's partner.
"Captain, it isn't true." The officer looked from Burke to Tanaka. "I tried to tell the Lieutenant but he wouldn't listen. This man," he said pointing at Magnum, "he came in after it was all over. He got Don breathing again.." the officer's voice broke and he began to tremble. "I.. I froze. Don was laying there in all that blood and choking and turning blue and I.. I couldn't move." Tears started to slowly roll down his face. "He got him breathing again and held him until the ambulance came. He didn't do anything..." As his voice broke again Tanaka stepped forward and placed a hand on his shoulder.
"Its okay. I don't think you need to hang around here. Why don't you go on to the hospital and see how your partner is doing." Still gripping the silently weeping man's shoulder the Captain turned and motioned to one of the detectives standing close by. "Max, can you get this officer to the hospital and check on his partner's status for me?" The detective nodded and moving forward gently took the officers' arm and started to move toward the door. Tanaka suddenly reached out and checked their progress. "You or your partner ever have a run in with him before?" He asked quietly nodding toward Bob.
"No, Captain. I might have seen him around but..." his voice began to shake and he choked up.
"All right. Does your partner have a wife, family?"
"Yeah.. I mean, yes, Captain. Cheryl, his wife is a good friend of me and my wife. They have a five year old daughter, almost the same age as mine." The officer rubbed his face and then looking at his damp hand reached into his back pocket, pulled out a handkerchief and wiped his face.
"Well, if you're friends with his wife it will help her a great deal. This is going to be hard on her and she'll need someone she can lean on. Do you think you'll be able to stay at the hospital for a while and help her with this?"
"Well, sure Captain. Of course I can." The officer stood up straighter as his breathing calmed.
"Good." Tanaka nodded at the man. "You should also call your wife as soon as you can. If she hears about this shooting she'll be worried. Is she a strong person? Would she be able to be at the hospital with you for Cheryl?"
"Yes, yes I think she could do that." The officer looked thoughtfully at the floor and then looked up. "We can get my sister to look after our kids and my wife can meet me at the hospital."
"Okay, then. That will really help." Tanaka place a hand on the man's shoulder and walked with him to the door. "If you can, go over what happened with Max so he can write it up tonight for me and then in the morning you can do your official report. Okay?"
"Sure, Captain." As the officer pushed open the door he paused and looked back over his shoulder. "Thanks, Captain."
Tanaka gave a slight nod and stood silently watching as the two men moved off into the night, then with a small sigh he turned and walked back towards Lieutenant Burke and Magnum. Stopping next to the detectives who were clustered around Bob's body he stood silently for some time and then looked up at Burke. "Lieutenant, were you here when the incident went down?"
"No, Captain, I was headed home when I heard the call of an officer down and responded. I was just starting to organize the crime scene when I spotted this character," Burke pointed an angry finger in Magnum's direction, "and got him cuffed before he could escape."
"All right." Nodding slightly Tanaka moved over to Burke's side and placing a hand on his arm began to softly walk the hulking figure towards the door. "Since I'm here now there's no reason for both of us to be forced to stay up all night. Its been a long and trying day, Lieutenant, go ahead and get some rest and I'll see you in the morning."
"But Captain.." Burke stopped and looked back at Magnum in consternation.
"Lieutenant, the department needs someone in the homicide department who'll be wide awake in the morning and I assure you it won't be me." Taking the Lieutenant's hand he gave it a shake and then gently propelled the Lieutenant through the door. Slowly turning he walked back to where the two uniformed officers were still holding Magnum, and stopped, looking up with a questioning expression. "Just how was it you came to be here, Thomas?"
"I was headed to the hospital, Captain. TC called me at the estate that Higgins is going in for emergency brain surgery. As I was driving by here, I spotted Bob entering the cafe, and when I saw the two officers sitting having dinner I just had the damnedest premonition. I tried to get turned around and stop it but.." his voice faltered and he shook his head, "I was too late."
Glancing at the two officers Tanaka made a slight motion with his head and they quickly released Magnum and took the cuffs off. With another glance at the captain who nodded his head they readjusted their uniforms and walked away. Tanaka motioned toward the far end of the counter, away from the technicians gathering around Bob. "Have a seat for a minute if you don't mind, Thomas."
Magnum slumped dejectedly against a stool, his arms resting on his thighs, his head down. Tanaka hitched a leg on another stool and slowly tapped his leg as he looked around the cafe. "How serious is Higgins' condition?"
"I don't know, Captain. Just that it's the result of the beating he took last night. TC said he collapsed at the estate this afternoon and they rushed him to the hospital." Magnum shook his head. "There was something about getting a surgeon back from Molokai so the surgery was delayed awhile but," he glanced at his wrist watch, "he's probably still in the operating room right now."
"All right." Tanaka nodded to himself. "Why don't you get along to the hospital. I think its fairly clear what happened here. I'll probably be at the hospital in a couple hours or so, if you're still there maybe I'll take a statement or maybe not, it can wait till the morning." Standing up he pulled a business card out of his wallet and pushed it into Magnum's shirt pocket. "Make sure you get hold of me in the morning."
Turning around he walked towards the door again and stopped with his hand resting on the door handle. "In many ways Burke is a good police officer," he said as he looked out thru the plate glass door into the flashing lights and gathering crowds. "His cases are generally done by the book and rock solid. But," Tanaka paused for a moment thinking, "but, he has faults and weaknesses like all of us. Undoubtedly in this case..." Tanaka's voice trailed off as he looked at Magnum.
"You tried your best, Thomas. That's all any of us can do. Don't be too hard on the Lieutenant, or your self for that matter. In the end," he slightly turned and waved a hand toward Bob's body lost in the crowd of officers and crime scene technicians, "Burke didn't pull the trigger, he did. All of us are faced with pain and grief and how we respond to it is our own individual responsibility. This was suicide, a bad one which is going to affect a lot of good people for a long time." Tanaka sighed and pushed the door open and stepped out. "Lets get your car out of this mess and get you on your way."
---- Dissolve----