Tim cleared his throat. "Well, I'd like to be here for both of you, too." Tony and Abby looked up at him. They had momentarily forgotten he was there.
"Sorry, Tim." Tony turned to Abby. "Abbs?"
"I'll tell him." She could tell he couldn't go through it again. "You call us if you need anything. We can manage fine without you, for a while." She smiled sadly.
"Just don't get used to being away." She added. Tony smiled glumly. "I don't think that should be a problem. Gibbs has already put me on alert that I could be called back anytime."
"Ok, well, get back to Ziva. We'll see you later." Abby took Tim's arm and led him away, their heads together.
Vignette Nine: "Hello, Goodbye"- Part Twelve
NCIS- 0700
The Secretary of the Navy Clayton Jarvis watched all of the interrogation tapes in sequence, taking notes as he watched.
Fornell and Gibbs sat quietly, watching again to see if they picked up a different angle from their original interview and for Gibbs, also from his first re-viewing of the tape.
Once he was done, Jarvis tapped his pen on his paper. Finally, he spoke. "Gentlemen, I can't stress enough how serious this is. I think we all agree that Agent Patrick must undergo psychiatric evaluation, but I agree with the charges Agent Fornell cited to the Agent."
"Now, Mrs. Vance. This is a bit of a quandary. She did shoot one of our agents. The fact that Agent David was not killed is certainly in her favor but does not lessen the severity of charges that she can be held accountable for."
He turned to Gibbs. "I understand that Agent David was given the opportunity to view these recordings. What was her reaction?"
Gibbs looked serious. "Agent David has stated to me that she believes that Mrs. Vance was forced to act against her will, and would never have voluntarily committed this crime. She does not wish to press charges."
Jarvis looked surprised at that. "That's incredibly generous, considering the nature of her injuries."
"You have no idea, Sir." Gibbs stated.
Jarvis and Fornell sat up straight at that. "Explain, Agent Gibbs."
"Yeah, Jethro. You implied that there was something else going on. You brought it up. Now explain."
Gibbs rubbed his jaw. "Agent David was pregnant."
"Shit!" Jarvis and Fornell both voiced the sentiment. "That puts a whole new spin on this and I do not want to get into a "what is considered life" debate here." Jarvis was angry.
"She lost the baby?" Jarvis wanted the clarification.
Gibbs looked down and nodded quietly.
"Does she know?" Jarvis couldn't believe she would not press charges if she knew. Gibbs looked at the SecNav. "Yes Sir. Agent DiNozzo and I found out from the surgeon; Agent DiNozzo told Agent David. She didn't know she was pregnant at the time."
"DiNozzo, huh?" Fornell mused. "Does that mean…" Gibbs just cut him off with a glare.
"Did the doctor give any indication how far along she was?" Jarvis was pressing for details. Gibbs shook his head. "He seemed to think it was very recent, that Ziva may not have even known she was pregnant, which in fact, Sir, she didn't."
Fornell spoke up. "Mr. Secretary, in previous cases regarding assault on pregnant women when the baby dies, murder charges were based upon whether or not the baby would have survived outside of the womb at the time of the death."
"I think based on what we just heard; this is not the case in this situation. I would not pursue second degree murder or manslaughter charges regarding this pregnancy."
Jarvis nodded. "So we are back to where we started; Mrs. Vance willingly shot a Federal Agent, although under coercion and the belief that her family would be murdered if she failed to do otherwise." He raised his hand.
"I know that you think she could have told someone and did not have to shoot Agent David or any other agent who got in the way; but you weren't there and cannot address her state of mind, Agent Fornell. It is clear from this testimony that she believed this was her only option."
"It is also clear that this job was not her plan, and the second shot was accidental, which may have been the shot that caused Agent David to lose the pregnancy."
Jarvis turned again to Gibbs. "Did the doctor give an opinion as to if any particular shot was the reason for the miscarriage?" Gibbs shook his head.
"OK, so we are back to Assault of a Federal Agent, with mitigating circumstances. Agent Fornell, it is your belief that if Mrs. Vance had not been able to gain the trust of Agent Patrick, and obtain and turn on her phone; we would not have been able to locate and apprehend Agent Patrick and of'course Mrs. Vance?"
"Yes Sir; at least as quickly as we did. She also distracted him so that our teams could get in to position for the capture."
"So, Mr. Secretary, what we have is really bad, counteracted by some good; compounded by Agents David's desire that no charges be filed." Fornell summarized.
"Your thoughts, Agent Gibbs?" Jarvis pressed.
Gibbs looked at the room, remembering coming in to see Jenny after he had saved Tony from being brought up on murder charges; by bringing Trent Kort in, and having the CIA take the call for the "sanctioned kill" of René La Grenouille.
A kill he was almost 100% positive that had been committed by one Director Jenny Shepard, and who had walked away from it.
He remembered her obsession with finding and killing "the Frog", all for personal reasons: revenge for her belief that he killed her father. He remembered her bringing his team to Canada for the sole purpose of taking him out, for reasons he did not know at the time, other than he was an international arms dealer.
He considered that all of her actions regarding La Grenouille had probably violated a multitude of Federal Laws, and yet not one had been brought against her. He had looked the other way.
He had protected her, because he had loved her at one time, and maybe still did during that harrowing experience. But she had been the instigator. She was not a victim forced to act in a way she never would have on her own.
He thought of himself, finding his own justice for the murder of Shannon and Kelly. The fact that he himself had committed cold-blooded murder was not lost on him. Yet he never had to pay for that sin, except emotionally and psychologically. Those who knew? They had looked the other way.
Even Ziva's own reason for not pressing charges: who really knew if it was natural causes or the blow Ziva had delivered to the victim's jugular had been the real cause of death? Jenny and Ducky had looked the other way, and Gibbs had been grateful for that.
He looked at Leon comforting his wife. He didn't have the same relationship for Vance, obviously; but Gibbs had always been a fighter for the underdog.
He hated what happened to Ziva and by extension to Tony. He hated he was in this position right now as Acting Director. But he couldn't argue against charging her without bringing up the past, and he hated himself because he couldn't "look the other way."
The biggest difference here was that they had actual proof of the crime. He could not fight that any more than he could fight that the sky was blue.
"Agent Gibbs?" Jarvis brought him out of his reverie.
"Sorry, Sir, I have nothing more to add." Gibbs murmured. "No one was going to look the other way."
Jarvis looked thoughtful. "Ok, I've made my decision. Now we need to discuss Director Vance."
Maryland Shock Trauma
The doctor had made his rounds the evening before and stated if Ziva had a good night, they would remove the chest tube in the morning.
Tony was again kicked out of the room while they were doing the procedure. He paced around the waiting area.
Every once in a while he would check his phone. It was 0800. The Vance's should be at NCIS by now, getting ready to hear the fate of Mrs. Vance.
He was curious as to what the outcome would be. Whatever happened, he hoped Ziva would accept it, and not let it upset her; especially if they brought her up on serious charges.
The nurse finally popped her head out, and said he could come back. He practically ran back into Ziva's room. She looked a lot more comfortable, not having this huge plastic tube coming out of her chest.
The doctor was still in the room. "Ah, Tony. As I was saying to Ziva we will observe her for a couple of hours. If she is not having problems with her breathing, we will move her to a step-down unit."
Tony smiled wide. "That's great! Isn't it?" He looked at Ziva, who looked unsure. The doctor continued. "We will get her moving today; try to get her to take a walk in the hall."
Tony nodded, Ziva looked doubtful. Once they all left, Tony went to her side. "I've been wanting to do this for days." He gently sat on her bed and stretched himself out along her left side, taking her into his arms.
Ziva took a deep sigh and closed her eyes. "I have missed being in your arms." He kissed her gently. "We'll get through this, I promise you."
Ziva tucked her head into Tony's neck, and held his hand tightly.
NCIS- 0800
Leon and Jackie Vance were lead into the Director's office. "Sit down." Secretary Jarvis instructed.
"Mrs. Vance, first of all I want to say that I am extremely grateful that you were not injured during this ordeal. However, I think we can all agree that what just transpired has resulted in serious consequences."
"Based on the shooting of Agent David, we can charge you, Mrs. Vance, with Assault on a Federal Agent with a deadly weapon. The sentence for this charge could be as much as twenty years in a Federal Prison."
Jackie Vance gasped at that and hid her face in her hands. Leon held onto his wife for dear life.
"Agent Fornell?" Jarvis deferred to the FBI SAIC. Fornell stood up and paced a bit. "I have made it clear to the Secretary Jarvis that is it my belief that you were coerced, and that the shooting of Agent David was not preconceived by you, nor was the subsequent extent of her injuries your intended outcome."
"I have also made it clear that from the testimony we received from both you and Agent Patrick that you felt threatened, and were convinced that the safety of your family depended upon your acting out the instructions given to you by him and you truly believed you had no alternative."
"I have also informed Secretary Jarvis that it is my belief that your actions to engage the trust of Agent Patrick was the mitigating factor in his capture and by extension your own. Agent Gibbs?"
"I have spoken at length with Agent David and she has viewed the recording of all of the testimony that was provided yesterday. Despite the seriousness of her injuries, she also believes that you felt you had no choice but to comply with Agent Patrick."
Gibbs took a sip of his coffee before he continued. "She also believes that you did not have the necessary training to react in a way that would have stopped the situation from escalating; or that you had any part in Agent Patrick's plan."
"Agent David has expressed that she does not wish to press any charges against you regarding this incident."
Both Leon and Jackie gasped, and Leon smiled and hugged his wife, unable to believe of the generosity of Agent David.
Secretary Jarvis cleared his throat. "Agent David's wishes will be taken into consideration; however, it is my intention to charge Mrs. Vance for this crime."
Just as quickly, their elation crashed to the ground. "Clayton…" Vance began.
"Director, this is not a private matter between friends. This incident will have repercussions throughout NCIS. There will be some who will not be happy with the outcome of this investigation."
"It will be left up to those left behind to deal with the fallout." He shuffled some papers, and then looked up.
"As the Secretary of the Navy, I am tasked with the ultimate overseeing of all crimes committed against the Navy, the Marine Corps; their men, women and their families; and the employees of all agencies under my jurisdiction, including NCIS and the Navy Yard."
"I would normally not involve myself in this aspect of the investigation and let the FBI take over and be done with it. However, this is not a normal situation."
"This is very sensitive and needs to be dealt with quietly. We do not need negative press or reprisals. Therefore, I will be the judge and jury in this case.
"Regardless of the situation, I cannot ignore the fact the Mrs. Vance shot and seriously injured an NCIS Agent. She will be charged with Assault of a Federal Agent with a deadly weapon."
Leon held onto his wife as she broke down. "However, I am taking into account the statements made by Agents Fornell and Gibbs regarding her frame of mind and her inexperience in dealing with this type of situation."
"Having seen Agent Patrick on the recording, I can't say that my wife would not have reacted the same way. I am also taking into consideration the wishes of Agent David."
He paused to let this all sink in before he continued. "I believe Mrs. Vance has suffered dearly at the hands of Agent Patrick. Based upon the recommendations of Agent Fornell and the wishes of Agent David, she will not serve any time for her crime."
"She will be sentenced to five years of probation, and will be required to serve three years of community service, which I will let the FBI determine. This charge will be on her record, although I will suppress any publication of the charge and sentence."
"I think you should find this exceedingly generous." He looked closely at Leon and Jackie. They both nodded mutely.
"There is another issue that needs to be addressed, and this involves you, Director. I am sure every effort has been made to keep the name of the shooter of Agent David under wraps, but I also know how things work."
"The fact that your wife shot the daughter of the Director of Mossad is of no small concern to us. I am assuming you have not admitted this to Director David?"
Vance straightened up. "No, sir. I have not told him that it was Jackie who shot Agent David."
"Well, I would imagine at some point, he will expect a full explanation. This could have serious ramifications, and could damage our relationship not only with Mossad but with Israel."
"There is also the possibility that some of your agents may have anger and/or distrust issues following this incident. Leon, frankly your ability to continue in your capacity as Director may be compromised."
Leon leaned forward. "Mr. Secretary, am I being fired?" Not only was he angry that was a possibility, he wasn't pleased he was being informed in front of Agents Gibbs and Fornell.
Jarvis held up your hand. "You are not being fired. You will however, be placed on a forced paid Leave of Absence. I think it best that you spend time with your family during this trying time, and let others deal with the fallout."
Jarvis pressed a button. "You can send him in now." The inner door opened. "Director Vance, I am sure you have already met. Agents Gibbs and Fornell, may I present Deputy Director Jerome Craig."
"He will serve as Acting Director in the absence of Director Vance." The Deputy Director shook hands with the men. "I wish I was here under better circumstances, but you have my word that I will work closely with you to make this as painless as possible." This was directed at the SecNav and Agent Gibbs.
Gibbs and Fornell sized up Craig. He seemed to be about ten years older than DiNozzo. He had a ready smile, but Gibbs could see the steel in his eyes.
Jarvis stood and shook Craig's hand. "I will leave this in your capable hands. Gentlemen, you may proceed with your paperwork. Good day." Jarvis quickly left the room.
Everyone eyed each other warily. Finally, Vance broke the silence. "Excuse me, Fornell, Craig. My wife and I would like to speak privately with Agent Gibbs, if that would be alright."
They both nodded, and went into the outer office.
Gibbs looked at them warily. "Leon, I have no say in any of this…"
"I want to see Agent David." Mrs. Vance blurted out. Gibbs eyes opened wide at that and he looked at Leon, who nodded at him.
Gibbs sat down and rubbed his face. "I can't promise anything. All I can do is ask." They both nodded.
Leon and Jackie waited inside his now former office while Gibbs stepped outside to make his call.
Fornell and Craig looked up, questioning. "Mrs. Vance wants to see Ziva." Fornell gathered up his paperwork. "I can do this somewhere else." He left the room.
Gibbs looked at Craig, who wasn't showing any signs of leaving. "Deputy Director, may I please have some privacy while I call my Agent and ask her if she would like to speak to the person who shot her?"
Craig nodded in understanding, and left the room. Gibbs sighed, and called Tony.
"Yeah, DiNozzo. How's Ziva?"
"They removed the chest tube, and if she's is doing ok, they are going to move her out of ICU." Tony sounded tired.
"That's great news, DiNozzo." Gibbs sighed in relief. Finally, some good news.
Tony hesitated. "So, did Jarvis…is it all done with?"
Gibbs answered grimly. "Yeah, it's done. I'll tell you later."
"Ok, so why the call, other than to check on Ziva?" Tony asked.
"Tony, the Director and Mrs. Vance want to visit Ziva, but it's her call; and yours."
Tony didn't hesitate. "Well, you know my answer, but I'll ask Ziva. Hang on…"
Gibbs could hear muffled talking, so he figured Tony put his cell phone against his chest. Less than a minute later, Tony was back on the phone.
"No." That was all Tony said.
"Tony, I need to give them a reason, other than Mrs. Vance shot Ziva, especially since Ziva did not wish to press charges. Given the circumstances, Vance will be pissed. Neither of you want your Director pissed off at you."
"So you're saying 'shooting and almost killing Ziva, even if it was mostly unintentional', is not a good enough reason for us to not want to see them?" Tony sounded worried, because he knew where Gibbs was going with this.
"Tony, you and I both know that is not the real reason."
Tony looked at Ziva. "OK, you can tell them, but only if there are no reprisals against Ziva about us being together. AND Vance keeps his big mouth shut and doesn't say anything to Ziva's father."
"Ok, Tony. I'll make that a condition, before I tell them the real reason."
"And if he doesn't agree?"
"Don't think about it, Tony." Gibbs hung up. He took a deep breath and went back into the Director's office.
Jackie looked up expectantly, but could sense the tension coming off of Agent Gibbs.
Gibbs sat down at the table and looked at them. "They asked that you not come to visit. I will tell you why, but only under certain conditions."
Vance looked confused. "What are you talking about, Gibbs. You don't think I know there is probably something going on between those two?"
Gibbs looked only slightly surprised at that. "Tony has given me permission to tell you something, but only on the condition that there are no reprisals against Ziva and that you do not share whatever I say to you with her father."
"DiNozzo's conditions, huh? And they're all about Ziva. Does that mean he doesn't care what I do to him?"
"Leon! You will not punish Agent DiNozzo for trying to protect his partner. Who taught me that?" Jackie Vance admonished her husband.
Vance looked lovingly at his wife, thinking how close he was to losing her and their children…
He looked at Gibbs, understanding dawning in his eyes. "Oh, shit."
"Do I have your promise, Director, and yours as well, Mrs. Vance? What's said in this room; stays in this room. And for the record, the reprisals extend to Tony as well, per me."
Jackie had looked at Leon in alarm when he said "Oh, shit."
She was confused and now scared. They both nodded their heads.
"You have our word, Gibbs. Nothing will leave this room, and there will be no action taken against either Agent David or Agent DiNozzo."
"And you will not repeat what I am about to tell you to Eli David? You do not need to leave this room to speak to him."
Vance nodded. "You have my word."
Gibbs nodded, satisfied. He wasn't good at this kind of stuff and Mrs. Vance was already overwrought that she had shot Ziva in the first place.
As if reading his mind, Leon moved his chair closer to his wife's, and took her hand.
"You're right, Leon. Tony and Ziva are in a relationship, although I wasn't aware of it until after the shooting. There's no easy way to say this: Ziva was pregnant and lost the baby as a result of the shooting."
Mrs. Vance broke down. "I am a murderer. Oh my god I killed an innocent child…" Vance's mouth was in a hard, thin line; trying to comfort his wife and at the same time imagine the pain his Agents have been trying to live through.
Vance had trouble finding his voice. "How far along was she?"
Gibbs shook his head. "Tony, and I, found out Ziva was pregnant when the surgeon first spoke to us after she came out of surgery. Tony had to tell Ziva that she had been pregnant and that they lost the baby, all at the same time."
"No wonder they won't see us. Leon, I am a terrible person! How can I…How will I…?" Gibbs stood up and left the room, leaving the Director to take care of his wife.
He called Tony. "Ok, it's done. You don't need to worry about anything, just keep Ziva calm so she can heal and get out of there."
I have no idea if the SecNav has the authority I just gave him, so please cut me some slack for those of you who find this solution completely implausible. As Ziva would say, "That is why it is called fiction, is it not?" The reviews for the Vignette have been amazing, but it is a Vignette, albeit a very long one. This is not a stand-alone story so it will be ending in the next chapter or two.