"Good morning, Damon," Elijah says as he sets his briefcase on the table and motions for him to sit.
Begrudgingly, Damon pulls out a chair.
"You look rough. Didn't you sleep last night?"
Placing his head on the table, Damon mutters sarcastically, "What was your first clue?"
"You're in rare form today. Want to tell me who pissed on your Wheaties?"
Lifting his head slightly off the table he groans, "Elena. Elena happened."
Furrowing his brow in confusion, Elijah asks, "Why don't you fill me in."
"She's in my dreams."
"You're dreaming about her now?"
"Yes."
"Let's see... Oh, I remember. You said she was shacked up with someone."
Once again raising his head, Damon counters sardonically, "Haha. I think you missed your calling...you should have been a comedian. But to answer your question, Elena never would have left me, at least not without telling me first."
"Good, now that you have come to your senses, we can focus on your case but before we start, I need to tell you something."
Damon looks at him puzzled. "What might that be?"
"I spoke with your Grayson and Klaus after I left you yesterday."
"And is there anything; anything at all to hold onto hope for?"
"Her passport has never been used so if she is alive, she's still in the country. And according to Klaus, someone tried to use one of her credit cards at a Walmart."
"What? Who would be that stupid? Her credit cards were canceled months ago. Where did it happen?"
"Richmond. The credit card was declined so the man left. Klaus is on the hunt for some security footage."
"I guess it's something," Damon sighs as he relaxes into his chair. "I don't suppose I can get a cup of coffee before we start?"
"I'll order a pot," Elijah walks to the door and informs the guard when he opens it.
"Let's get busy. I'd like to go back over your second round of questioning."
Nodding, Damon prepares himself for another emotionally draining session.
Trial - Day 11
"I would like to recall Damon Salvatore to the stand."
"You are still under oath?" The judge reminds him.
Damon nods. "Yes, your honor, I am aware."
"Very well, proceed."
"Thank you, your honor. Dr. Salvatore, have you ever been physical with Ms. Gilbert?"
"No, absolutely not!" Damon retorts adamantly.
"Can you tell me why the police were called to your residence that night?"
"It wasn't exactly smooth sailing for Elena and me after we got back together following her accident. We had a lot of problems and almost split up a second time after...But none of our problems were the result of us not loving each other. It was a lack of communication mainly on my part. It took a lot of work and a lot of love to get where we are now or were," Damon remarks as he stares at his hands.
"Please tell us what happened that night," Elijah repeats as he nods subtly at Damon.
"We had a verbal altercation. That was it."
"And that was the extent of it? I mean there was no physical contact," Elijah asks as he walks to the witness stand.
"Yes, we were both yelling. I never touched Elena nor would I."
"Can you explain why the police report said there was broken glass all over?"
"I slammed a glass into the fireplace."
"Dr. Salvatore, you have been accused of being violent. Please tell the court what happened that night."
"Elena informed me that she had papers drafted for the dissolution of our jointly held assets. She said she was going to move out."
"Was this before or after you threw the glass?"
"After."
"Please tell us what happened when the police arrived."
Damon thinks back to the bittersweet day.
"Mystic Falls Police."
Elena opens the front door. "Liz, is something wrong? My parents?" Elena asks anxiously.
"We received a call from one of your neighbors saying they heard screaming. Is everything alright?"
"I'm fine. We're both fine, Liz."
"I've known you since you were a little girl, Elena, are you sure everything is alright?" Liz asks, eyeing Damon over her shoulder.
"Like all couples, we had a disagreement. Things got a little heated and Damon broke a glass."
Without taking her eyes off Damon, Liz adds, "Don't hesitate to call if you need anything. You're always welcome at my house."
Shutting the door Elena turns and begins climbing the stairs. "Well, that wasn't embarrassing."
"Do you really think I wanted the police coming to our house?"
"You know what? I am going to go to my parents. You can call your lawyer to look over the papers," Elena says soberly.
Desperate to turn this around, Damon blurts out, "Just hear me out... please just hear me out. You are literally the best person I've ever known. You are the best influence on me. I need you. You are the good..."
"Damon, please."
Cupping her face he says, "And I need a little good in my life. Because without it, there's an awful lot of darkness. I don't know how to live without you."
"I don't know how to live without you either," Elena whispers sadly.
Damon cautiously brushes his lips against hers. When she doesn't pull away he moves from her lips and gently places kisses down her jawline while undoing the buttons on her shirt. Tears lightly fall from Elena's eyes. When he reaches the last button, he moves back and runs his hands up her arms, and peels back the fabric to reveal her smooth skin.
"Damon," Elena whispers.
"I know," Damon said oblivious to her sudden rigidity. He captures her lips with his for a passionate kiss.
With tears pouring down her face she summons all of her strength and pushes him back.
Searching her eyes Damon sees something he never thought nor did he ever want to see; regret.
"I...I'm sorry, but this is a mistake."
"Why? We still love each other."
"Loving each other was never the problem. Trusting each other is."
Damon lifts her chin with his fingers. "I…I trust you with my life, Elena."
Shaking her head she spits, "Since when?"
Taken aback by her anger, he crosses his arms defensively.
"Damon, you didn't tell me how you were feeling for months. You didn't talk to me at all. And now, as soon as I tell you I want to leave, suddenly you trust me?"
"You know why I pulled away."
"Damon, no one blamed you for her death."
Throwing his hands in the air he yells, "I blamed me, Elena. I'm the one who recommended the surgery...I was supposed to save her."
Carefully inching towards him, Elena whispers, "Why didn't you tell me that you felt like this?"
"I never told anyone. I shut down and let it fester inside of me and I shut you out...I'll regret it for the rest of my life."
"So, you didn't talk to Rose about this?" Elena asks as she searches his eyes.
"No." Damon shakes his head. "You're the only person I trust with my heart. I'm sorry it's too late."
Damon starts to walk away only for Elena to wrap her arms around him from behind.
"It's not too late..."
"Elena told Liz that everything was fine, and she left."
"I see and did you and she have a conversation afterward?"
"Yes, we did. A very heartfelt one. We never ever stopped loving each other. Every couple has rough patches. We had Elena's accident and its aftermath. And one of my patients died...It affected me deeply...I retreated into a very dark place and shut her out. None of that was Elena's fault."
"What was the outcome of that conversation?" Elijah asks as he walks back to the defendant's table.
"We poured over everything and at the end of it, we decided we love each other too much to give up."
"No further questions your honor."
PRESENT DAY
"I'm going to go. I have a lead to follow up on a lead...I'll be in touch." Elijah knocks on the door and leaves as soon as the guard opens it.
Heading back to his cell, Damon wonders if this nightmare will ever end.
"Have you learned that you catch more flies with honey?" He calls out as he closes the distance between them.
"Don't come near me."
Ignoring Elena, he continues to creep toward her.
Picking up a large piece of broken glass, she hovers it over her palm. "I said don't come any closer."
"By all means go ahead. It will make my life a whole lot easier."
A vacant smile crosses Elena's face as she gently slides the glass across her palm, watching as her blood oozes out and trickles onto the floor. She watches as his face pales as his eyes follow the glass as it slices her skin.
"W…what the?"
"I told you not to come any closer."
Running his hands nervously through his hair, he stands motionless as she smiles at him. Grabbing his phone, he dials and bursts out. "She cut her hand. What do you want me to do?"
After several moments, he clicks off the call and glances at Elena. "What, what the hell is the matter with you?"
"I'm fucking up your plans. In case you neglected to notice, I may need some stitches..."
"You're not going anywhere. If you die, oh well..." He shrugs his shoulders and walks out, returning shortly with a first aid kit.
Shaking, he pulls out his phone, searches for a number, and stammers, "She fucking sliced her hand...I don't know how deep it is."
Elena stares at him, pleased with herself for making him so nervous.
"No, I have a first aid kit. I'll wrap it up," he sneers as he approaches her.
With nothing to lose, Elena yells her name as loud as she can in hopes the person on the other end of the line will hear her.
"ELENA GILBERT! MY NAME IS ELENA GILBERT!"
His face contorts in rage as he rears back, slapping her so hard, her head jerks to the side.
Seeing stars, Elena crashes to the floor as everything turns black.
When Elena arouses, her hand is bandaged and he's staring at her with lethal intention.
"You better hope no one heard you."
Shaking from anger, Elena spits out, "I hope someone did and the police are looking for me right now!"
"And what about your fiancé..." he mocks with a sinister intonation to his voice. "Isn't he supposed to be looking for you?"
"You're not man enough to stand up to him."
"You have no idea, sweetheart," He chuckles as he slams the door and clicks the lock to her prison.
Looking up from his bed, Damon is surprised to see a guard half-leaning against his cell.
"You need to get her to an EmergiCare," Maddox says in a low voice.
Curious, Damon creeps closer and is shocked to hear a woman's scream.
"ELENA GILBERT! MY NAME IS ELENA GILBERT!"
Maddox spins around to see a pallor wash over Damon. He stumbles backward as his legs threaten to give out from under him.
I had a patient like the one Damon had once. A young Native American who died at 26. It affected me so deeply- I wasn't myself for several weeks. I was depressed and withdrawn. I would cry at random, and I'm not a crier.
Chapter title: I Will Survive by Gloria Gaynor.
Thank you Siberia21, Florencia7, CosmicAdventurer, LittlePrince8 and sbaumrose86. You're all the best.
Thank you all so much. Have a fantastic day.