Chapter: 7: Decisions, Decisions
Setting:
during season eight, episode tag 'Dead Air', AU after that
Summary: What if when Ziva and McGee had turned off the radio, Tony had ended up in a deadly situation and needed their help? Will his teammates realize something is wrong in time to save both their partner and the victim? And what happens when the real reason why Tony didn't have any back-up is revealed? Will Team Gibbs survive the truth? Or will it be the end of them?

Chapter Word Count: 8, 075

A/N: I want to thank everyone for being so understanding about the extra wait for this chapter, and also for all the encouragement on my finals (so far, I've gotten Bs, there's just one more class on waiting on the grade for, but I think I aced it—Yay me! *laughs*)

A/N 2: some of you want Tony to forgive them and that they return to the team, some thinks they should be fired, some thinks they should be charged with a crime and the rest wants them both fired and charged *laughs* as an author, you know you're doing a good job when the readers are so invested like this *smiles*. Well, you guys will have to read the chapter to find out McGee and Ziva's fate. I think some of you may be surprised…or not *laughs*…well, enjoy!


Reviewers for chapter 6:
chinapps22; Stardancing; angelscatie; Guest; faldo; Jebeth; lulubell76; hipcordelia; Luvliacd; anne (guest); Guest; DS2010; Becca (guest): One More Disaster; gotgoats; Rainbow2007; Guest; Pantherbabe4ever; prince-bishop; Holen-Snape; merrygal; kimberly (guest); Laura Ann (guest); Headbanger Rockstar; keembur; lovinlife48; dobbiessweetie35; Midnightstarlight23; Buzzy (guest); Gloworm41; karlii; jokergirl94; jessieleigh528; Miri K (guest); TheNaggingCube; Corala; bainst; Guest; mstictac (guest); newgal; Nihawks (guest); lillybean queen of the i ocean; LilDevyl; jdsreignsupreme; Guest; GuiltyPleasuresAndDeadlySins ; Ms Honesty (guest); julie250; PhoenixWytch; Obsessive-Jess; Kennedy S (guest);


Disclaimer: NCIS and all its affiliates belong to its creators Donald P. Bellisario and Don McGill, and CBS Television. No trademark or copyright infringement is intended and no money is being made from this. In other words, I DO NOT own.

"Speaking"
'Thinking'
"Speaking over the phone"

Original Posting Date: Saturday 29th, December, '12.


What we do does not define who we are; what defines us is how well we rise after falling- Unknown


(Scene starts the morning after Gibbs and Tony's talk)

The next time Tony woke, he saw that it was morning and Gibbs was the only one in his room. The older man was reading a book and though he looked fully into it, Tony knew he was aware that he had woken up.

But since Gibbs didn't seem incline to letting him know that he knew, he took the time to think on what had happened last night; he still couldn't believe that he had confessed his feelings to the man. That was something he had never thought he'd do. He'd convinced himself that nothing would ever happen between them, but it seems he was wrong. Dead wrong.

Not only did he tell Gibbs how he felt, but Gibbs felt the same way, and the man wanted them to give being a couple a try. It was everything he'd ever dreamed about but didn't think he'd get.

"You done now?" Gibbs asked without raising his eyes from the book.

"Yeah," Tony nodded. "So where is everybody?"

"Well Ducky and Palmer have to work," Gibbs answered as he closed the book and put it on the table, "and dad took Abby and Vitalia for breakfast and probably home for her to take a shower and knowing, a little shopping as well."

Tony grinned, "Tell me about her."

Gibbs raised an eyebrow, "Vitalia?"

"Yeah," Tony nodded, "why is she here? I mean, I know you said she's mine and you would explain…so…explain."

"She's here because you have custody of her," Gibbs started. He went on to explain everything; he told him about the CPS worker and about Vitalia being with them. When he got to the part about what Vitalia's mom had told her, Tony's eyes went wide with disbelief.

"So her mother knew she would someday die at the hands of her husband and wanted to help her daughter move on from it," Tony said. He dropped his eyes to his bed, unable to hold Gibbs' gaze. Vitalia's story reminded him too much of his own childhood.

A childhood filled with broken promises, drunken parents, beatings, neglect.

"She's just like me, isn't she?" Tony said softly, gaze still on the bed as his memories flashed across his mind.

"Hey," Gibbs reached out and tipped the younger man's chin up so that he was looking into his eyes, "Yeah she's like you, she'll survive what happened because she has you to guide her, as well as me and Ducky and Palmer and my dad. She's a very lucky girl Tony."

Tony let out a deep breath and his eyes slipped shut. Never in his life did he think he'd be in this position—a father. It wasn't that he hadn't thought it, because he had. He just never thought it would happen. His father had told him over and over he wasn't good enough to be a son and he definitely wasn't good enough to be a father.

His ex-girlfriend, Melody Ford, had told him in a fit of drunken rage that she was glad she had had an abortion because she didn't want to have a DiNozzo baby. But Melody hadn't been finished; she had gone on to tell him that she had been sleeping with his father behind his back and had had no idea who the baby had, hence the reason for the abortion. It had nearly broken him. He had been devastated, and after a lot of thinking, he had resigned from the Peoria Police Department the following week and had left town.

Since Melody, he had pushed the thought of being a father deep, deep down. He was terrified to end up like his old man and deep down, he never thought he'd make a good enough one. What if he couldn't do this? What if he messed up? Vitalia would be the one paying the price and his heart hurt at putting that little girl through more pain. He couldn't do it.

"Tony," Gibbs' voice broke through his memories and panicked thoughts, "Look at me."

Tony opened his eyes and locked gaze with the blue ones staring at him.

"You are not your father," Gibbs said firmly, "You're a better man than him. You will not mess this up, you understand me?"

"How can you be so sure Jethro?" Tony whispered. "I've never spent any time around kids. I don't even like them."

"Yes you do," Gibbs countered, "You're just afraid of hurting them; of turning out to be like your father."

Tony looked away. Sometimes he really hated that the man knew him so well and could read his every thought.

"You won't Tony," Gibbs grabbed Tony's chin and turned his face back towards his own, "you're already a better father than Senior." At Tony's confused look, he smiled, "the fact that you're worried about how you'll treat Vitalia shows that. Plus, like I said earlier, you'll have me by your side, as well as dad, Abby, Ducky and Palmer."

Tony let out a deep, soft breath, "I love you; more than I ever thought I could love someone. You know about my past and my issues. I never really gave a thought to being a father, especially after I realized my preference leaned more towards men than women, but now, you're giving me everything I didn't think I would have, or deserve."

Gibbs really hated Senior. If the man was in front of him right now, he'd put him in the hospital bed. "You deserve it Tony; more than anyone else, you deserve it."

Tony smiled, that brilliant smile of his, and reached out to grab Gibbs' hand that was still holding his chin. Pressing a kiss to the palm, he sighed, "So, when do you think I'll get out of here?"

"Getting antsy already?" Gibbs chuckled, not surprised in the least.

"Yes," Tony nodded. He was about to continue but was cut off by the door opening.

Abby walked in, followed Jackson and Vitalia. "Gibbs, we'—Tony!"

Vitalia looked up, a smile on her face, and she hurried over to Gibbs' side. After climbing onto his lap, she turned until she was facing Tony, "Hi Tony."

Tony grinned, "Well hi there Bella Ragazza." (Pretty Girl)

Vitalia giggled, "Are you ok now Tony?"

"I'm more than ok," Tony nodded, "especially now that I see you. So, Jethro tells me you belong with me now."

"Uh huh," Vitalia nodded, her blue eyes sparkling with happiness, "I get to stay with you and LJ and Abby and Ducky and Gremlin and Grandpa Jack."

Abby and Jackson laughed at Vitalia calling Palmer "Gremlin" while Gibbs shook his head.

"Nice," Tony grinned, "So, do you wanna play a game?"

"Ok!" Vitalia bounced on Gibbs' lap, "What game?"

"I'm gonna tell you something about me and you tell me the same thing about you," Tony said, "like, my favourite colour is blue, what's yours?"

"Pink," Vitalia grinned.

"Mine is red," Abby smiled, "but I like black a lot."

"I know!" Vitalia giggled, "you have a lotta black."

"I like maroon myself," Jackson grinned.

Vitalia shifted to look up at Gibbs, "What about you LJ?"

Gibbs looked down at her before looking up at Tony's face, "I like green."

Tony's cheeks flushed and he flashed a grin before turning his attention back to Vitalia, "Ok; what movies do you like?"

Vitalia's face fell at the question.

Tony frowned, as did Abby and Jackson.

"Bella Ragazza?" Tony called softly. "What's wrong?"

Vitalia bit her lip, "I don't have no movie. Daddy don't like me watching TV."

Jackson's eyes hardened, Abby's went wide and Tony frowned; each of them were wishing the man was in front of them and not in jail, though he belonged there.

"Well," Gibbs rubbed her arm, "You're in luck because Tony loves movies. You can watch with him until you find a favourite."

Tony's eyes lit up, "Oh! We are gonna have so much fun! We'll start with the classics; Hitchcock, Bogart, Gable—

"You are not showing her Gone With the Wind," Gibbs interrupted making Abby and Jackson laugh.

"What's wrong with it?" Tony defended. "It's a good movie and a classic!"

Gibbs glared at him, "She's too young to understand it."

"But come on," Tony continued, "Can you imagine her being a regular Scarlet O'Hara?" he stopped, looked at Vitalia and then shook his head with a frown, "No, no, no. You're right; no Gone With the Wind."

The three adults broke up laughing and Vitalia looked at them in confusion. "I no watch movie no more?"

Tony looked at her, "Yes, just not that one."

"Don't worry Baby Doll," Gibbs tugged gently on one of her pigtails, "there are plenty of Disney movies for you to see."

The door opened and Dr. Pitt walked in.

"Well, isn't this a party?" Brad grinned as he looked at the group.

"Hey Brad," Tony greeted, "Please tell me I'm getting out of here soon."

"You're getting out of here soon," Brad parroted causing the others to laugh.

"Doc," Tony rolled his eyes.

"Ok," Brad chuckled, "I am serious though. I just need to go over instructions."

"And then I can leave?" Tony asked.

"Yes," Brad nodded.

"Sweet!" Tony grinned, obviously excited at the idea of finally leaving the hospital. "So tell me; what do I have to do?"

"Well," Brad started, "The sling over your right shoulder will be able to come off in a week, but no heavy lifting, because it's still going to be pretty sore. The cast on your right hand will stay on for at least three more weeks, after which you'll go to physical therapy."

Tony groaned, "and that means I'll have to redo my gun qualifications."

"Did you expect any different DiNozzo?" Gibbs asked, raising an eyebrow.

"No boss," Tony sighed, "Ok doc, continue."

"As I've already told you," Brad continued, "I recommend you staying home for two weeks, after which, you're on desk duty and yes Tony, I'm still leaving when you're off to Agent Gibbs."

"Da—Crap," Tony cut himself off when he saw Vitalia watching him intently. He had hoped Brad would've changed his mind, but unfortunately he had hoped too much.

"Cheer up Tony," Abby grinned, "you get to go home today." She looked at the doctor, "Right?"

"Yes," Brad nodded. "He does, but again Tony; you have to take it easy."

"He will," Gibbs said and the tone in his voice said that Tony would do what he said or suffer the consequences.

"Good," Brad knew that if there was anybody that could make Tony do what he was supposed to do, it was Gibbs. "Now, I'm going to get your release papers and your medications and then, you're free to go."

"Thank God," Tony blew off. He was more than ready to leave the hospital.

The others laughed and Brad left the room and a nurse came in, "Good morning."

"Morning," everyone answered as one.

"So I hear you're being released," the nurse smiled at Tony as she walked over to his bed.

"Yes," Tony nodded back with a smile, "Not that I haven't enjoyed your company, but I really don't want to be here another minute."

"Understandable," the nurse nodded. "I'm sure you want to use the bathroom, so why don't I help you with that."

"While you're doing that," Gibbs stood up with Vitalia.

"Where are you going?" Tony asked as he looked at his lover? No, they hadn't done anything yet. And boyfriend sounded so—teenager…and yet, it still sent warmth through him to know that Gibbs was his boyfriend or significant other.

"You need clothes Tony," Gibbs raised an eyebrow, "Or did you plan on leaving the hospital in that gown with your bare butt hanging out?"

"That'd be a sight to see," Abby giggled, "I'm sure the nurse would appreciate it."

The nurse flushed but didn't comment. She couldn't deny it—Tony DiNozzo was a very good looking man.

"Yes but I'm not sure Jethro would," Jackson laughed. He knew his son and knew just how possessive he was of what he considered his and Tony was his; even before the change of status in their relationship. But now, now that they were together, that possessiveness would reach a whole new level.

Tony's eyes brightened at that even as his cheeks pinked a bit. "Pick on the injured…I see how it is."

"I'm sure you can more than handle it Tony," the nurse chuckled.

Tony looked at her with a scandalized look, "Nurse Georgia! You're supposed to be on the patient's side."

Georgia laughed; working this room always left in her a good mood. Tony was a funny guy and the people in this room, including the guy in glasses and the older man, were as close as family, maybe even closer than some families.

"Tony behave!" Vitalia spoke up, "You be nice or we no get clothes."

The room went quiet for a second before everyone started laughing.

Georgia grabbed on to the edge of the bed so she wouldn't collapse to the floor as Abby held on to Jackson and Gibbs held on to the little girl in his arms.

"You tell him V," Abby giggled.

"We should get going," Gibbs said after he got himself under control, "And Tony, you heard Vitalia; behave."

With that, he motioned for Abby and Jackson to follow him out of the room.

"Bye Tony," Vitalia waved. The only reason she wasn't staying was because LJ told her she could help for when Tony came home.

~…~

Tony let out a sigh as he settled back against the couch. He was beyond happy to be out of the hospital.

"You ok?" Vitalia asked as she crawled up onto the couch next to him.

"I'm fine Bella Ragazza," Tony smiled down at her, "Just took a bit out of me, that's all."

Vitalia hummed and cuddled close to his side.

Tony couldn't help but to smile as he wrapped his left arm around her shoulders, pulling her even closer to him.

"No more hospital? You ok now?" Vitalia asked.

"No more hospital," Tony assured her, "I'm staying right here—with you and Jethro."

"Good," Vitalia nodded, "I don't like hospitals."

"Me neither," Tony agreed with a chuckle.

"Hello?!" Abby called out as she opened the door.

"Hey Abs," Tony smiled at the Goth.

"Hey Tony," Palmer greeted as he and Ducky followed Abby.

"How are you feeling Anthony?" Ducky asked as he sat down across from Tony and Vitalia.

"I'm good," Tony said, knowing Ducky wouldn't take any half-truths or lies and even if he had lied, Gibbs would've told the truth anyways, "Gibbs already gave me my medication."

Ducky nodded in acceptance.

"So what are we doing today?" Jackson asked as he and Gibbs walked into the room.

Gibbs leaned against the fireplace as Jackson took up a seat in the empty chair.

"We could have a barbecue," Abby suggested, "a last minute one; do some quick shopping, get the stuff and Gibbs can get the grill going."

"That sounds good," Palmer smiled.

"What do you think Gibbs?" Abby turned to said man, knowing how he liked his privacy and how he steered clear of anything remotely group related.

Gibbs looked at his father, Ducky, Palmer and Abby and then his gaze shifted to Tony and Vitalia who were watching him with bright eyes and he knew he couldn't say no. "Sounds good."

"Yes!" Abby jumped out. "Ok, so we'll go get the stuff, Gibbs you can get the grill going and Vitalia, you keep Tony company and make sure he doesn't do anything to hurt his arm."

"Ok," Vitalia nodded, "No moving Tony."

"Yes ma'am," Tony smiled down at the little girl.

Everyone set out to do their jobs while Tony relaxed his body on the couch with Vitalia. Giggles and soft talking was heard every few minutes and Gibbs grinned to himself every time.

~…~

As the day disappeared and the sky darkened, Tony and Gibbs found themselves in the living room alone.

Abby, Ducky and Palmer had left a few hours ago and Jackson had taken Vitalia up to get her ready for bed.

"McGee and Ziva's disciplinary hearing is coming up," Gibbs said as they were getting ready to watch TV.

Tony froze and said nothing. "Oh?" he replied, faking a casualness that he didn't feel.

"Vance called to let me know," Gibbs continued, not buying the act for a moment.

"Why would he do that?" Tony asked.

"To keep me in the loop," Gibbs said, "and because he wants us there."

Tony turned to look at Gibbs in shock, "Why do I have to be there? As far as I'm concerned, if I don't see their faces ever again, I'm good."

"He wants everyone to hear from you and also," Gibbs paused.

"What Jethro?" Tony prompted, knowing it was something possibly big to make Gibbs hesitate.

"Their future at NCIS," Gibbs revealed, "he wants your decision on it. I've already made my own decision clear, but it was you who suffered the most."

"I already know what I decide," Tony said immediately.

Gibbs raised an eyebrow. He knew Tony and he knew that the decision the young man was done out of pain and anger. His own decision had been a snap one, but he'd had days—two weeks even—to think about it and he knew he wasn't changing his mind.

"I know," Gibbs nodded, "but I also know you have a huge heart and an amazing capacity to forgive wrongs done to you."

Tony looked away at the words because he knew it was true.

"I don't want you to make this decision and then regret it," Gibbs said.

"What about you? Will you regret yours?" Tony asked.

"This isn't about me," Gibbs shook his head, "At least, not entirely; this is about you. I can't make this decision for you Tony and I wouldn't be the man you loved if I allowed you to use me as the deciding factor in something like this. You need to think it over, I mean really think it over."

He stood up from the couch, "I'm gonna go check on Vitalia." He leaned over and kissed Tony briefly on the lips, "Whatever decision you come up with, I'll stand by you."

With that, he headed for the stairs, leaving Tony sitting by himself, lost in thought.

~…~

Over the course of the next few days, Tony's mind was more on the upcoming hearing and the decision he had to make it.

It wasn't easy as he had thought it would be. Gibbs was right; while he was hurt over what they did, he wasn't the type to hold on to grudges. He always forgave whoever hurt him, even if they didn't deserve it. Case in point—his father.

But this was different. He could've died because McGee and Ziva had decided that it was better to ignore him, to close communications between them and him.

He was hurt and angry and he wanted to hate them, he wanted them to lose everything, but he wasn't that kind of person. He couldn't in good conscience make them lose their jobs because he knew that despite this incident, they were good agents. But the thing of it is, he couldn't trust them.

The trust he had had in them disappeared the moment he found out what had happened and he didn't think it would ever come back or if it did, it wouldn't be the same.

"Trust is like a mirror—you can fix it if it's broke, but you'll always see the cracks in the reflection," Tony said softly as he dropped his head back on the couch.

"Truer words have never been spoken," Gibbs said as he walked into the room. He sat down on the couch, before lying down and then he gestured to Tony, "Come here."

Tony smiled and moved to lie next to Gibbs with his head pillowed on the man's shoulder and his injured hand on Gibbs' stomach.

Gibbs ran a hand up and down Tony's back in a soothing gesture. "What are you thinking?"

Tony sighed, "I don't know. Jethro, what they did, it hurt like hell. It still hurts! But, I can't be the reason either one of them don't have a job. Despite this, incident, they're good agents; I mean, I haven't met anyone with McGee's skills on a computer and Ziva—she was Mossad for crying out loud!" another sigh, "What am I going to do? What am I going to say?"

Gibbs pressed a kiss to the top of his head, "I can't answer that for you Tony."

Tony looked down at the cast on his wrist, "How can I look them in the face after what they did? Because of them, Vitalia's mother is dead, and I almost lost my life. How do you forgive something like that?"

"I don't know," Gibbs replied, although he knew Tony didn't need an answer.

Tony was silent for a while and then, he snorted, "I don't think it matters much anyways."

Gibbs frowned when he heard that, "Why do you say that?"

"Do you really think Vance is gonna give up those two?" Tony asked, keeping his eyes on Gibbs' chest where their fingers were intertwined, "I know you said I would have a say, but when it comes down to it, the final decision is up to Vance to keep them or not and we know how Vance feels about the two of them, especially about McGee; he thinks McGee is the future."

"Tony," Gibbs started, "what those two did, it not only went against protocol of NCIS but against basically every agency's protocol. Even if Vance wanted to keep them on, it wouldn't look good."

"You know that and I know that," Tony huffed, "but the truth is, Vance could very well just give them both a slap on the wrist; maybe training of some kind, maybe demote McGee back to Cyber-Crimes for a few months, but he's going to keep them as NCIS agents."

He went silent for a few minutes before continuing softly, "For a long while, I didn't know what I wanted to do with my life; all I knew was that it had to be something completely different to my father because I never wanted to be a business man like him. Then I got into sports and football and after that career ended, I became a cop and I realized I was good at it and it became something I loved. Moved around for a bit and then I met a stubborn, hard-ass bastard of a man who all but ordered me to join him."

"Can't imagine why you would do what that man said," Gibbs grinned.

Tony chuckled, "At the time, I didn't know why either, but looking back, I do. For the first time, someone saw more in me—they saw potential. And of course I was completely attracted to you. The point I'm trying to make, but I'm going all over, is that, this is my home and I love being here, but I'm not sure I can do this Jethro."

"Do what?" Gibbs asked, though he already knew the answer.

"I can't stay at NCIS if they're still gonna be there," Tony admitted softly and a little reluctantly, "They were my teammates and when I trusted them to have my back, they let me down. A part of me wants to forgive them and for them to still have their jobs and for us to work on being teammates and trusting each other."

"And the other part?" Gibbs asked and again, he didn't really need to as he knew the answer to that as well.

"The other, well, the other part of me hates them and wants them to be punished for what they did," Tony said, "I want them to lose their jobs."

Gibbs didn't say anything to that because he felt the same way. Instead, he tightened his grip on Tony, being careful of his injuries, and worked on soothing the young man.

From his position out of sight, Jackson settled against the wall and let his mind wander. He agreed with both his son and Tony and he also knew that if the two in question stayed on at NCIS, then the agency would lose its two best agents because he knew Tony wouldn't stay and there was no way his son would either as he knew Jethro wouldn't be able to trust anyone else but Tony to have his back.

From what he knew of Vance, he knew Tony was spot on with his descriptions, but what he'd seen of the last few days had given him another view of the man and he hoped, he really did, that Vance would make the right decision.

~…~

The next two weeks passed by faster than Tony was ready for; the main reason being he wasn't sure he was completely ready for McGee and Ziva's hearing.

But ready he had to be because today was the day of reckoning. It was a weekday—Friday to be exact—but Abby had been given the day off from work to stay with Vitalia. Jackson had had to go back to Stillwater and had left two days ago but had promised that he'd be making trips in the future to spend time with them, especially Vitalia.

Now, Tony was in his and Gibbs' bedroom—that thought still made him all warm inside, to be able to say that—trying to figure out what to wear, but he knew it was just a stalling tactic. They had to be an NCIS in a half an hour.

"Perchè non posso venire con te?" Vitalia asked. She was sitting on the bed staring at Tony with a petulant expression. (Why I can't come with you?)

"Perchè mia bella ragazza," Tony replied as he looked in the mirror, "anche se vorrei tanto portarti come, non posso. Sono cose da grandi e verranno dette cose che i bambini non devono sentire." (Because Pretty Girl, as much as I would love to take you with me, I can't. It's grownup stuff and not one for your ears.)

Vitalia scowled, not really understanding everything he said but knowing what she did get she didn't like. "Ma voglio venire con te e LJ." (But I wanna go with you and LJ.)

Ever since Tony came home from the hospital just over two weeks ago, she had been pretty much glued to his side. She rarely let him out of her sight.

Tony turned towards her and held back the grin at the look on her face. He had a feeling if he told how cute she looked pouting it wouldn't go over well. As he sat next to her on the bed, he realized with a happy feeling that being a father wasn't as terrifying as he had feared. He attributed it to Gibbs' presence and love and patience and experience.

"So che non vuoi che io vada via," Tony said, "E anch'io non voglio lasciarti, maè una cosa che devo fare." He gently prodded a finger into her side, making her jump as the move tickled her. He could see she was trying not to smile, "Ti piache Abby, giusto?" (I know you don't want me to leave you. And I don't want to leave you either, but this is something I have to do. You like Abby, don't you?)

"Sì," Vitalia nodded. (Yes)

"E ti piace stare con le," Tony continued, "Sono sicuro che vi divertirete insieme. Sai cosa ti dico—se non fai i caprici e cercherai divertirti con Abby, cuando torno a casa, andremo a prendere il gelato. " (And you like being around her. So I know the two of you will have fun. Tell you what—if you don't throw a tantrum and you have fun with Abby, then when I get home, we'll go out for ice cream.)

Vitalia stared at Tony for a few minutes and then she nodded, with all the seriousness of a four year old, "Ok, ma fai in fretta e tre palline." (Ok, but you be quick and three scoops)

"D'accordo," Tony laughed and stood up, lifting her off the bed with his uninjured arm, prompting giggles from the little girl. (Deal)

The two made their way downstairs and to the kitchen where Gibbs was.

"All done?" Gibbs asked when he saw them.

"Yep," Tony nodded, "Although, someone was being a little difficult."

Gibbs walked over to the two and grabbed Vitalia from Tony's arms, "Are you being naughty?"

"No," Vitalia shook her head with a giggle.

"Are you going to be a good girl for Abby?" Gibbs asked.

"Uh huh," Vitalia nodded.

"Guys?"

"In here Abby!" Tony shouted back.

Abby walked into the kitchen and smiled at the three of them, "Hey."

"Hey," Tony smiled, "thanks for watching her."

"No problem," Abby grinned, "I love spending time with her." she walked over to Gibbs and took Vitalia from him, "You and I are going to have a lot of fun."

"Just don't burn the house down," Tony warned with a grin. "And I don't want to come back and she has a tattoo."

"Tony!" Abby smacked his arm, "I would never." She grinned, "I'll wait until she's eighteen."

Tony groaned, "Oh God…I can see it now."

Gibbs chuckled and pushed Tony out the kitchen. "We'll be back in a few hours Abby."

Though the smile stayed on her face, Abby's eyes darkened a bit—she knew where they were going and why, "Alright."

Giving the Goth and little girl one last goodbye, Gibbs and Tony left.

~…~

The moment they had stepped inside the building, Tony had been greeted with well-wishers and friendly smiles. It warmed his heart to know that he had been so missed by everyone. When he got to the bullpen, the same thing happened again and of course, him being Tony, he couldn't help but to play it up, causing Gibbs to shake his head and the other agents to laugh.

Even as they took the stairs up to MTAC, Tony was still smiling and waving and making jokes. They gave a nod to Cynthia and came to a stop outside the doors.

"Are you ready for this?" Gibbs asked looking at his SFA and lover.

Tony took a deep breath and let it out slowly, "Not really, but it needs to be done."

Gibbs said nothing, he just stared at him for a few more minutes before giving a nod and opening the door.

They walked in and neither man looked at their former teammates. They kept their gazes on the screen before them.

"Agent Gibbs, Agent DiNozzo," the SECNAV greeted as did the others.

"Sirs, Madam," Tony replied while Gibbs nodded.

"Agent DiNozzo, Agent Gibbs, you both know why you're here," Vance spoke up.

"Yes sir," Tony nodded.

"Agent DiNozzo," Hetty said, "I would like to know what happened that day from your point of view."

"Well," Tony started, "We were trying to find a voice match…" he told them the same thing he had told Vance and Gibbs when he was the hospital; both McGee and Ziva had surprised looks on their faces as he explained why he had chosen himself to go door to door, but he ignored and he also ignored their looks when he came to the part about his mother's scent, the plague, however, when he explained why he had kept talking, he found he couldn't ignore them then and instead, he turned towards them and explained it all, never taking his eyes off of them.

It was only when he was done, did he take his eyes off of them and turn back to the screen.

For their part, the shame and guilt they thought they had dealt with came back full force in McGee and Ziva—when they had been acting selfishly, Tony had been thinking about them, he had been putting them first and how had they repaid him? They almost got him killed.

"Tony," McGee took a step towards the Italian, but stopped when he saw the glare on not only Tony's face, but the one on Gibbs' as well. "I am so sorry for what I did. We never should've done it—I never should've done it. You trusted us to have your back and not only that, we were supposed to be doing our jobs and we didn't. We screwed up."

Ziva went next, "he is right. We had a job to do and we were supposed to do it."

"And you think saying 'I'm sorry' is supposed to fix everything?" Tony asked, his green eyes hard—a look neither McGee nor Ziva had ever seen before. "Just because you apologized, you think everything is going to be ok now?"

"No," McGee said as Ziva shook her head.

"Well you're right," Tony said, "I trusted you. I expected you to have my back and you didn't. And it's not that you went against the protocol of this agency, but that you broke one of Gibbs' rules, one of our rules; never leave your partner without backup. And you did exactly that. If you had personal issues with me, it never should've made its way in the middle of doing our jobs."

"We don't have any issues with you Tony," McGee interrupted. His heart felt so heavy with everything, especially with the complete betrayal on Tony's face—it tore him to pieces.

"You could've fooled me," Tony scoffed.

"Tony," Ziva said, "You're our partner and we are very sorry for what we did and you are wrong. We do not have any issues with at all."

"And if we go back to the points we touched on earlier?" Morrow asked, drawing their attention. "Past actions have suggested opposite."

"We've explained that," McGee said.

"Have you?" Hetty looked at him, "I don't recall that you did."

"If I may ask a question Agent DiNozzo," SECNAV spoke up.

"Yes sir?" Tony nodded.

"During former Director Sheppard's reign," SECNAV asked, "When Agent Gibbs was on leave, you were placed in charge, however, both McGee and David had some difficulties accepting this as they thought you were acting too much like Agent Gibbs and thought that you should stop because you are not Agent Gibbs and from what I incur, they didn't think you were suitable enough to be the lead. Why did you act the way you did?"

Tony went silent as he thought on the time Gibbs had been in Mexico.

"Agent DiNozzo?" Hetty called.

"Sorry ma'am," Tony shook his head slightly, "I guess I was trying to make them feel better. I knew I wasn't Agent Gibbs, but I wasn't truly trying to be him. What I was doing at the time was to try and make everything as normal as possible. While the others had thought that Gibbs wouldn't return, I knew he would've and I was just trying to keep the team going until he did."

He turned to look at the two, "As for the other—it doesn't surprise me that they think I shouldn't have been in charge, I mean, none of them think I should even be Gibbs' SFA despite the fact that I've worked here longer than any of them and that I have more training as an NCIS agent than they do."

"We do know that Tony," Ziva said, not liking the tone in Tony's voice. In the years that she's known, she's never heard him sound so…so defeated, so wary.

"I know we've said it a lot, but what we did, it really was a mistake," McGee said, "one we regret more than anything." He paused, "But, I don't—sigh—I am so sorry Tony and nothing I can say will change what happened, but, is it worth—

"You are not doing what I think you're doing?" Gibbs cut him off with a growl, speaking for the first time since entering the room.

McGee turned startled eyes to his boss. "What?"

"Are you really going to stand there and guilt Tony into helping you keep your job?" Gibbs demanded.

McGee and Ziva looked at each other—they seemed to be doing that a lot lately—and then turned sheepish eyes back to the room. That's exactly what they had planned on doing. They didn't want to lose their jobs and they figured that Tony would be the best bet in making sure that didn't happen.

Tony took a deep breath and let it out; it seems as if the betrayal just wouldn't stop. Even after everything they had done, they still expected him to save their jobs. Ignoring both Ziva and McGee, he turned back to the screen, "What they did, it was unprofessional and they pretty much broke every rule, but despite that, they are good at their jobs. I've worked with them for years now and I know just how good they are; without his computer skills, we never would've solved half our crimes as quickly as we did and Ziva—her Mossad training comes in very handy. NCIS is lucky to have them and our team has benefited from them being on it. As for what happened, I forgive them for it."

Ziva and McGee weren't the only ones shocked at Tony's words—everyone else except Gibbs, was shocked as well. None of them could believe that Tony was actually defending the two, pleading their case.

McGee and Ziva's shock turned to relief; they knew the kind of person Tony was and they knew he would forgive them and that he wouldn't be comfortable with being the reason they didn't have their jobs.

That relief was short lived.

"However," Tony continued, "my forgiving them, doesn't mean everything is ok." he paused, "I understand that both of them have valuable skills to NCIS, but, if they stay, then I won't—I can't. They broke my trust in them when they chose to leave me without backup and I can't work with someone I don't trust. If McGee and Ziva remain as agents at NCIS, then, I quit."

The room went silent. No one was able to believe what they had just heard—not even Gibbs.

Vance looked at Gibbs, trying to read him, but gave up when he realized how futile that was. When Gibbs locked down, only one person could read him and that person was standing right next to him with his own blank expression.

"Tony," McGee swallowed to wet his dry throat. This is not what he expected to happen. Tony couldn't quit.

"No," Tony shook his head, "this is my job and I love it, but I can't work with you or with Ziva because I don't know if the next time you decide I'm being too immature, it'll result in something even worse and I can't take that chance. I trusted you and you broke it."

McGee flinched at the words and Ziva's eyes darkened.

"We are friends, yes?" Ziva asked, "And friends hurt each other, but they do not lose their friendships. We can fix this, can we not?"

"Trust is like a mirror—you can fix it if it's broke, but you'll always see the cracks in the reflection," Tony repeated the words he had said to Gibbs a few days ago. "I will never be able to fully trust you the way I used to."

Ziva bowed her head as the words washed over her and the feeling of loss sunk in.

"And how can I do my job if I'm worried whether or not my teammates will have my back?" Tony asked.

Neither McGee nor Ziva nor any of the others actually could answer the question.

"Agent Gibbs," Chegwidden called out, "do you have anything to add?"

"No," Gibbs answered, "I already told the Director I don't want them back on my team. I don't care where he sends them."

Even though they already knew that, hearing the words again from Gibbs left McGee and Ziva reeling with hurt.

"Is that all you needed from me sirs, madam?" Tony asked.

"Yes," Vance nodded, "you and Agent Gibbs may wait outside."

Giving one last nod, Tony and Gibbs left the room. When the door closed behind them, all eyes turned to McGee and Ziva.

"Leon," Hetty said, "before you read the decision to both, there is something I would like them to know."

"Go ahead," Vance nodded.

"I looked through Agent DiNozzo's file," Hetty continued, "And do you know what I found? Awards, recommendations and medals. How can someone whom you both think does not deserve his position receive all these if he wasn't doing a good job? Did you know that Agent DiNozzo received a job offer to lead his own team?"

McGee and Ziva were completely shocked.

"We didn't know that," McGee stammered out.

"No, of course you didn't," Hetty mused, "The offer came after Agent Gibbs returned from Mexico."

"Why did he turn it down?" Ziva asked, unable to believe or understand why Tony would give up the offer to lead his own team.

"He felt that Agent Gibbs hadn't fully returned to where he was before the accident and he knew he would need him," Hetty said.

"Oh," Ziva said softly.

"I know the both of you are wondering where you stand now," Vance spoke up, "so let me tell you. Effective Immediately, you are both no longer working at NCIS."

"What?" Ziva and McGee were stunned.

"Do you really think," SECNAV spoke up, "that anyone here will want to work with you after what you did to Agent DiNozzo? Do you think any of them will trust you to have their backs? They won't."

"I understand we have to be punished," McGee said, "but why do we have to leave NCIS? I could go back to cybercrimes. And Ziva could work as a training officer."

"That could've worked," Vance said, "but unfortunately for you, that is not an option. It seems as if you don't really understand the severity of everything; no one wants to work with either one of you—not the cybercrimes team nor the officers at FLETC. You are both persona non grata here."

"You should be serving time for the negligent homicide," Chegwidden added on, "however, due to your past actions and the fact that this is the first time something like this has happened, you will instead serve one hundred hours of community service each and you will be on probation for three months."

"I am sorry to see NCIS lose two of its best agents," Hetty said, "but this is something that cannot be brushed off or receive a simple slap on the wrist. We have an image to uphold and it would not put NCIS in a favourable light to know that something as serious as this was not treated as such."

"When you leave here today," Vance said, "you will no longer be allowed on NCIS property unless directed otherwise by myself or Agent Gibbs. Is that understood?"

"Yes," McGee and Ziva nodded, too numb with shock to do or say anything else.

"You're both lucky you're not facing jail time," Morrow frowned at the two.

"You are dismissed," Vance said, "collect whatever you may still have here and leave the premises."

Still reeling from what had just happened, the two turned and left the room.

Vance let out a sigh when the door closed behind them.

"This was unavoidable Leon," SECNAV said, "We couldn't have done anything else."

"I know sir," Vance turned towards the screen, "because of their actions, the best team we've ever seen is over. And I still don't think either one of them fully understand just what they have done."

"It's a shame," Hetty sighed.

"Yes it is," Morrow nodded in agreement.

~…~

Outside, McGee and Ziva leaned against the wall.

"What just happened McGee?" Ziva asked looking at her friend and former teammate.

"We were fired," McGee replied softly still in shock over the outcome. "We just lost our jobs."

"How is this possible?" Ziva's dark eyes were filled with emotions and had a glossy sheen to it.

"It's possible because you two screwed up big time," Gibbs said, startling the two as they had never heard him walk up to them. Tony was with him, but the Italian was pretty much ignoring them.

"Tony," McGee leaned off the wall and took a step in Tony's direction.

"No," Tony stepped back, "don't. I told you McGee, nothing you could ever say would change what happened. I trusted you and you pretty much through it back in my face. What have I ever done to either of you to deserve what you did to me?"

"It was nothing like that Tony," Ziva moved off the wall as well, now filled with a need to get Tony to understand, to somehow earn his trust back.

"Really?" Tony scoffed, "You know what? I think I've heard all I needed to hear. I'm done."

With that, he turned and walked away, leaving three people staring after him.

"I hope you both realize just what your actions have caused you," Gibbs said, pulling their attention off of Tony and to him, "You not only lost your jobs, but you've lost some really good friendships."

Having said his piece, Gibbs walked away from the duo and not once did he look back. If he had, he would've seen both Ziva and McGee with tears running down their cheeks.

~…~

Abby looked up when she heard the door opened and bit her lip when she took in Tony's appearance. She quickly got up off the couch and went over to him, wrapping her arms around his shoulders and pulled him into a hug. "Are you ok?"

"I'm not sure," Tony admitted. Ever since he'd woken up in the hospital, he'd been a lot more open with emotions, especially around her and Gibbs.

"What happened?" Abby pulled back from the hug and glanced between the two men.

"They were fired," Gibbs revealed as he sat down. He told her everything that happened and then went silent when he was done.

"Oh," Abby looked down. She was still angry over what Ziva and McGee did, but it still hurt to know that she would lose two friendships.

"It's ok Abby," Tony said softly as he wrapped an arm around her shoulders and pulled her to his side, "What they did hurt, but I'm still going to miss them."

"Tony!" Vitalia came running into the room, pulling the three out of their maudlin mood.

"Bella Ragazza," Tony grinned as he caught her in his arms.

"You're home," Vitalia wrapped her arms around Tony's neck and smiled at him.

"Yep," Tony nodded.

"You stayed forever and ever Tony," Vitalia pouted and Gibbs chuckled.

"I'm sorry princess," Tony kissed her cheek, "but LJ and I are home now."

"And if I remember right," Gibbs said as he stood up, "Someone promised you ice cream if you were a good girl."

Vitalia's eyes lit up, "I was a good girl."

"Was she Abby?" Tony asked.

"V was the absolute best," Abby grinned; she wanted ice cream too.

Gibbs stared at her with a knowing smile but just shook his head.

"See Tony," Vitalia nodded, "I was good. Ice cream now?"

"Yes Bella Ragazza," Tony chuckled, "We'll get ice cream now."

"Hello?"

They turned to the door to see Palmer and Ducky.

"Hey guys," Tony smiled, "what are you doing here? Shouldn't you be at work?"

"The Director sent us home early," Ducky said, "and we thought we'd ask if you wanted to have dinner."

"We're basically done for the rest of the day," Palmer grinned, "we won't get the results of our case back until Monday, we got off early."

"Nice," Abby grinned. "So, where to?"

"What do you want to eat?" Tony asked Vitalia.

"Spaghetti!" Vitalia giggled, "and then, ice cream!"

"Spaghetti it is," Gibbs nodded.

"Ooh, can we go to Olive Garden?" Abby asked as she grabbed her jacket.

"We should!" Palmer agreed, "They have amazing breadsticks."

That spurred a topic about other food at Olive Garden and soon, the air was filled with the lively chatter of the group.


A/N 2: so…who was surprised? I wanted to do something totally different since stories I've read on this episode had Tony forgiving them, or had them back on the team but Tony left, but I don't think I've read one where not only did he forgive them, but they didn't rejoin the team and they had to face some kind of legal punishment. So, I hope everyone was happy with the outcome. It's what I had planned all along actually.

A/N 3: there's only one more chapter to go. I know, so sad to see it end. Since it's the epilogue, I'll try to finish it up by next weekend—if not, it'll go for the week after; Friday 11th, January '13.

Since you're at this point, review so I can know what you thought

Kila