Chapter 10

"Jethro, could I speak with you for a moment?"

"Sure, Duck." Gibbs looked away from his monitor. "What?"

"First, I wanted to inform you of Timothy's whereabouts."

"Why?"

"Because he's at my home for the moment and later, unless I miss my guess, he will be going to stay with his friends in Maryland."

"He's not supposed to leave the area, Ducky. Like it or not, he's a suspect."

Ducky smiled. "I understand that. So does he. This is his friend Matt. You know where the home is. It is not far from the Metro. He is not trying to run. On the contrary, he wishes you would simply arrest him."

"Why?"

"Because it's what he expects of you and it's easier than accepting that you all have redeeming qualities."

"Sorry to disappoint him," Gibbs muttered and looked back down at his file.

"That wasn't all, Jethro."

"What?"

Ducky grabbed the chair from Jamie's desk and pulled it over to Gibbs' desk. He sat down.

"Something Timothy said to me this morning worries me."

"A lot of things he said yesterday worry me, Duck."

"Jethro."

Gibbs looked up. "Okay, Ducky. Spit it out. What?"

"Timothy was almost mugged last night."

"What?"

"It's not the first time, unfortunately."

"How many times?"

"Two previously and six months ago, he surprised a burglar in his apartment. He doesn't live in a safe area."

"I'm aware of that. I haven't seen anything about him in the police bulletins."

Ducky suppressed a smile at Gibbs' admission of keeping tabs on Tim, even indirectly.

"That's because, with the exception of the home invasion, he never called the police. He didn't want any attention...and he was possibly afraid of reprisals. I tried to convince him to do something but he showed a surprising stubbornness."

"It's probably because of the case, Ducky."

"These were long before."

"No, I mean the drug dealing case. The arraignments are done but the trial date hasn't been set yet. I've already had a few meetings with Vance and the DA about the fact that McGee quit and how that could look bad for the case."

"Would Timothy know about those meetings?"

"I doubt it, but he's not stupid, Ducky."

"No, I suppose not. Regardless, that was not my purpose in telling you of these muggings."

"What then?"

"Timothy felt that the one last night was different. He seems to think that he was specifically targeted by his would-be mugger."

"Targeted? Why?"

"He didn't say. He just felt that the man who mugged him had every intention of injuring him but was prevented by the arrival of one of Timothy's neighbors. ...but he is also afraid that he is simply being paranoid. The thought of falling back into the mindset that controlled him last year frightens him. Believe it or not, Jethro, it surprised him and, while thinking clearly, he has no wish to repeat the experience. As little as he trusts all of you, he trusts himself far less. If you're not careful, he may decide that he must be guilty."

"I'm not going to put him in prison unless I have to, Ducky."

"I understand and I'm not trying to interfere in your investigation. I have my part to play as well and I will do it to the best of my ability, but as Timothy's friend, not as the NCIS medical examiner, I fear for his sanity."

"I thought he'd recovered from all that."

"He has, but his working environment, coupled with the stress of having to interact with people he wants to forget, plus his continuing fear of the chaos brought on by so many events... He has never been able to confront how he feels about you, not directly. I'm sorry to say that he is not as stable as I might hope, although he has shown remarkable recovery when it comes to confronting the disdain of others."

"Until now?"

"I suppose so."

"Let me ask you something, Ducky."

"Of course."

"In your opinion, both as a forensic psychologist and as someone who knows McGee, probably better than any of us, could he have killed Lance Corporal Smythe?"

"Did he possess the ability? Perhaps. Certainly, the level of animosity was extreme considering the situation, but you saw his reaction to finding out that his gun was the murder weapon. I don't believe that he's even held a gun since leaving his service weapon here. He doesn't view what he did undercover with anything but extreme disgust. He doesn't speak of it with me any longer, although I believe Dr. Lewis does occasionally return to it. Physically, Timothy could have killed him. He is intelligent enough and skilled enough to do everything that was done. Mentally and emotionally? I find it nearly impossible...and as a friend of Timothy, I also reject the idea that he could be a murderer. Perhaps you should find out if he's being framed."

"Perhaps you could get your friend to at least say whether he's guilty or innocent."

"I couldn't convince him, Jethro."

"Why not?"

"Because I've never been able to convince Timothy to do anything other than those things he already wanted to do. I just got him to admit it. In this case, he does not wish to claim guilt or innocence...certainly not to you, but not to anyone. He hasn't said to me whether or not he did it. He even has said that I can't know whether or not he's guilty. I disagree, but that is his current feeling."

"Why? I get us, but why you?"

"It is anyone, Jethro. Trust, once lost, takes time to cultivate and while Timothy trusts many people with many things, whether or not he has committed a crime? Something that would be indicative of his morals, his ethics...his sanity? No, he will say nothing until he feels it is safe to do so. However, his reaction to seeing his gun should tell you all you need to know."

"It won't convince a court of law if I have to arrest him, Ducky."

"I know."

"What are you expecting me to do?"

"Simply understand. I can't ask for more than that. It would be wrong."

"Agent Gibbs!"

Gibbs looked up...to the balcony.

"I need to speak to you, please."

Gibbs gave Ducky a significant look and stood. They both knew what the topic of conversation was likely to be.

x.x.x.x.x.x.x

Vance was clearly not happy although it was at least for a professional reason.

"Have a seat, Gibbs."

Gibbs sat without speaking.

"Were you planning on informing me?"

"Of what?"

"That Agent...that McGee is now under suspicion for murder?"

"He's not."

"Oh really?"

Gibbs sat straight in his seat. "He's not. McGee is innocent...but the evidence does point in his direction."

"You know what my problem is."

"Yes."

"The D.A. will need to know. If NCIS officially charges former Agent Timothy McGee with murder, that will be grounds for the defense to question his ethics and all the evidence gathered by him."

"That evidence isn't contaminated. It's all clearly legitimate."

"That doesn't matter. And you know it. Give the jury cause for reasonable doubt and they'll have to acquit."

"We haven't charged him yet...if we do at all. Why are you asking about this now?"

"Because I don't want to have the D.A. and JAG on my behind if the lead investigator in the undercover operation becomes a cause for an acquittal. They're nervous enough about his time in that psychiatric hospital...although we have a guarantee of his shrink's testimony if it does come up."

"What do you want me to say, Leon?"

"That you're not going to rush to arrest him and you'll only do so if you are absolutely certain of his guilt."

"You think I'd do otherwise?"

Vance smiled thinly. "I've long since given up trying to understand how you think, Jethro. All I know is that this case is way too important for any personal problems to jam it up. I should probably just hand over the investigation to Lovitz."

"No!" Gibbs said, standing up, instantly angry at the implication. "This is our case."

"What if it does come down to McGee being arrested, Gibbs? Can you handle that?"

"I thought you didn't want him arrested, Leon."

"I don't...but if he's guilty, then he needs to be."

"He's not guilty."

"You might wish you were, but you're not judge, jury and executioner, Jethro. You aren't even a lawyer. Your job is to investigate and make arrests when appropriate."

"It's also up to me to make the determination when the arrest appropriate."

"I know."

"We'll do our jobs. Unless you have evidence to show that we're not, there's no reason for you to take us off."

Suddenly, Leon sat down and the tension left the room.

"Jethro, have you perhaps considered that it might be better for Tim for you not to be investigating?"

Gibbs sat down as well.

"Why would you say that?"

"Do you really think he trusts you to do the right thing?"

"We will do the right thing."

"This time?" Vance said pointedly.

Gibbs didn't respond.

"I'll let you stay on it...for now. Keep me informed. I need to be able to update the people above me."

"I will."

Gibbs got up and left the office.

x.x.x.x.x.x.x

Tim slept until noon, feeling secure in Ducky's house. He only woke up because Jethro decided that he'd been sleeping long enough.

"What, Jethro?" Tim asked, rolling over.

Jethro barked at him.

"Out?"

Another bark.

"Okay." Tim pulled himself up and looked around. He knew where he was. He sighed and took Jethro into the backyard to do his business. The yard was small...but it was better than he had.

"Have at it, Jethro," Tim said and sat on the back steps.

Jethro began sniffing around the yard, choosing the perfect spot. Tim watched him.

"You'd be happier in a place like this, Jethro. You have to stay inside all day at my apartment."

Jethro ran to one corner and began investigating whatever it was he could smell.

"I live in a horrible place," Tim said, sighing and dropping his head. "I'm never safe. There are crimes happening nearly every day."

Jethro was satisfied with the corner. Tim smiled ruefully. Then, he sighed at the feeling of tears in his eyes.

"My life sucks, Jethro."

Jethro trotted over and nuzzled Tim's face. Tim laughed.

"Except you. You don't suck." Tim hugged him. "I don't know why you want to stay with me. I'm...I'm such a failure, Jethro."

Jethro whuffled at him and licked his face.

"Thanks."

x.x.x.x.x.x.x

"What do we have?" Gibbs snapped.

"Lance Corporal Smythe did not have any real friends at Quantico, but no known enemies either," Ziva said.

"We don't have the weapon, but Abby matched the bullet to McGee's service weapon. It was last seen in storage, never signed out. We don't know when it went missing," Jamie said. "And we have no record of McGee ever trying to come back here. Nothing that we've seen, never signed in."

"Tony?" Gibbs asked.

Tony was staring at his monitor.

"DiNozzo!"

"I'm not sure. None of the employees at Soft-Tech seem able to have done it. They have alibis."

"None of the current employees," Jamie said. "Ronna Howard...she was fired and blamed McGee for it."

"But would she have really killed someone just to frame McGee?" Ziva asked. "She would have had to break into NCIS storage. She would have had to know where McGee worked. She would have had to be able to move Lance Corporal Smythe into the storage room...and do so quickly. The cameras were only out for half an hour and there is no sign of her anywhere on Soft-Tech property."

"Check her out. See if there's anything," Gibbs said. "...but don't waste time if it's not there."

"Boss..." Tony began.

"What, DiNozzo?"

"What if it's something else? What if it was an accident that Smythe was killed?"

"What do you mean?"

"Three people at Soft-Tech said that they thought it was more likely that Tim would be killed than Lance Corporal Smythe. What if it wasn't supposed to be Smythe that was dead? What if it was supposed to be McGee?"

Jamie looked at him. "What do you mean?"

"Everyone seemed to know that he went to work early...what if someone was there to get rid of him?"

"And they had no other option but to hide the body when they killed Smythe by mistake?" Jamie asked.

"Exactly."

"That would also give that person every reason to want to frame McGee," she agreed.

"But we still have the same problem," Ziva said. "How and why did they choose to use McGee's gun?"

"Jamie, Tony, check out Ronna Howard. Ziva..."

"See if I can determine how and when someone broke into storage and stole McGee's service weapon. Yes, Gibbs."

"Do it."

"Where will you be?" Ziva asked with a smile.

"Talking to Ducky."

x.x.x.x.x.x.x

Tim sat down and stared at the phone. He needed to dial still...swallow his pride and ask for help.

"Okay. Just pick up the phone and dial, Tim. You can do this. Judith is nice. You like her. You can play with Christopher. Matt will be there. You like them all. They like you. Just call."

x.x.x.x.x.x.x

"Ducky."

"Ah, Jethro, hello," Ducky said. "Have you spoken to Abigail?"

"Not yet."

"We found something!" Jimmy said excitedly. "Something really cool! Really...really interesting!"

"What?" Gibbs asked, not letting any hope show in his face.

"Well, you remember the powder burns on his forehead, meaning that his killer was very close to him?"

"Yeah."

"The assumption being that he knew whomever killed him."

"Yeah."

"Turn our guest over, please, Mr. Palmer," Ducky said smiling tolerantly.

Jimmy nodded and helped Ducky shift Smythe from his back to his stomach.

"You see here, just at the base of his neck?" Ducky asked.

Gibbs squinted.

"Here, Agent Gibbs!" Jimmy said, grabbing a magnifying glass. "I found it when I was looking over the body this morning!"

"Forgive him. He's slighty giddy about finding something I missed."

Jimmy flushed and held out the magnifying glass. "It's small, Doctor."

"I am merely happy it was found."

"That looks like a puncture wound."

"Exactly," Ducky said. "A needle. I have asked Abigail to put a rush on analyzing his blood. Because of the cause of death, it was not considered as important. By now, she may have worked her magic."

x.x.x.x.x.x.x

Finally, Tim dialed the number he knew by heart.

"Tamson's. Judith speaking."

"Hey...Judith. It's Tim."

"Tim! It's been a while. Matt and I were ready to come and invade if you didn't call us sooner. What's up?"

"A lot... I have a big favor to ask."

"Anything. You know that."

"Can I stay with you guys for...some time?"

"Absolutely," Judith said without hesitation. "When do you want to come over?"

"Well...I'm at Ducky's right now, but I'll need to grab some things from my apartment."

"No problem! Just let me strap Chris in his chair and we'll be on our way. We can pick you up at Ducky's and make a circle."

"I'm sorry. It's...It's a big deal."

"No, Tim! Not at all! Chris loves riding in the car...don't you, Chris?"

Tim could hear happy gooing in the background.

"If you're sure...I could wait..."

"No, Tim," Judith said firmly. "You asked for a ride out here and that means you really need it. So, I'll be at Ducky's place in...well, you'd probably better give me an hour if Chris decides to get squirmy."

"I'll be here."

"Jethro, too, I'm assuming?"

"Is that a problem?"

Judith laughed. "Tim, you know how much space we have out here. I'll just make sure I take Big Bertha, as Matt calls the bigger car. Just sit tight."

"Thanks, Judith."

"Not a problem, Tim."

Tim hung up and heaved a huge sigh of relief.

x.x.x.x.x.x.x

"I just finished, Gibbs," Abby said. "Come and see!"

"What do you got?"

"Remifentanil. That's what I've got. That's also what Lance Corporal Smythe got. Right in the neck. It has a really short half-life; so I'm lucky I got anything at all. If he hadn't been shot in the head, his body would have metabolized it all really fast."

"What is it?"

"A fast-acting sedative about 200 times more potent than morphine. They use it all the time in hospitals for anesthetics. It's pretty new, but getting more common all the time."

"And?"

"And that means that our Lance Corporal would have been pretty groggy when he was killed...probably dizzy, unable to defend himself. When he was killed, I'll bet anyone could have taken him out. His Marine training wouldn't have helped at all. He was a sitting duck."