Impasse
Chapter Four
A/N:- Apologies for the uncharacteristically long delay in updating this story and for the almost insurmountable bout of writer's block that caused it. While the good news is that I am ready to continue the story, the bad news is that I have had to rewrite a little of each of the first three chapters to do so. Therefore, prior to reading this new chapter, I would recommend you restart from chapter one as there are a few amendments but, hopefully, a better story line.
In chapter 4, a little poetic licence has been taken with regards to Miranda Rights (no more than has been used in the show at times) and my recurring OC - Tony's old friend - JAG Officer, Commander Peter Barnes, makes an appearance. Thanks for your patience and understanding, L
-oo00oo-oo00oo-
Arriving at the director's outer office, the agents observed a man seated in the waiting area. Sizing him up in one quick glance, McGee noted the man's dyed hair and eight hundred dollar suit and he quickly deduced – politician or high-price attorney. The man smiled smugly and returned to fussing with a torn cuticle.
Vance's personal assistant, Gloria, looked up from her keyboard as Tony and McGee approached.
"Hi guys," she greeted cordially. "You can go right in, they're waiting for you."
"They?" McGee uttered.
Knocking once, the agents opened the door and entered the director's office without waiting for a reply.
Rounding her desk, Gloria adjusted the shoulder strap of her handbag and smiled apologetically at the waiting man.
"I'm just going to take my break," she told him. "Can I get you something?"
Victor Ambrose raised his hand, declining her offer.
"I'm sure Director Vance will see to my needs," he smirked.
The woman left the office and Ambrose chuckled knowingly to himself.
'This should be interesting,' he thought, wishing he could be a fly on the wall.
-oo00oo—oo00oo—oo00oo—oo00oo—oo00oo-
Vance and JAG Commander, Peter Barnes, were seated at the conference table. Their animated discussion was halted abruptly by the agents' arrival.
"You wanted to see us, Director?" Tony asked.
Immediately sensing the tension in the room, DiNozzo's instincts kicked into high alert and his sharp eyes flicked between the two men.
"Yes I did," Vance said, his words clipped and strained. "I believe you know Commander Barnes"
"Yes, Sir," Tony replied.
Stepping forward with a grin for his old basketball buddy, Tony stopped short when the commander greeted both agents with a curt nod of his head. The former detective knew Pete too well to miss the tension and frustration in the prosecutor's every movement.
"Is there a problem?" he asked.
"You're damn right there's a problem," Vance replied, his dark eyes boring into his agent. "The man sitting outside my door is Sean Mahoney's personal attorney. He's claiming that his client was not read his Miranda rights when he was taken into custody."
Tony and McGee exchanged a startled glance and huffed out a laugh.
"You're kidding me, right?" the ex-cop asked incredulously.
His smile was quickly extinguished by Vance's furious expression.
"Look at my face, DiNozzo, do I look like I'm kidding?" he growled.
"Mahoney's facing life in a federal penitentiary," McGee stated. "He's grasping at straws."
Vance nodded to the commander who retrieved a file from the table and handed it to Tony.
"This is a copy of your arrest report," he said. "In it, you stated that you read Mahoney his Miranda rights immediately after he confessed to Lance Corporal Jenkins' murder and you revealed yourself as a federal agent. Is that correct?"
Tony's demeanour abruptly changed as he found himself on the defensive.
"You calling me a liar, Commander?" he asked using his friends rank rather than his name.
"I'm just trying to establish the facts as they occurred," the JAG officer countered. He turned his attention to the younger agent. "Agent McGee, according to your report, you, Special Agent Gibbs and Probationary Agent Bishop were monitoring the audio in the surveillance vehicle when Mahoney made his confession."
"That's correct," Tim responded.
"What happened next?"
"Well, Commander, as I stated in my report, Gibbs ordered us to take the warehouse. Bishop and I led a small number of Philly PD officers to the back of the warehouse. Special Agent Gibbs took the rest and entered from the front of the building."
"The warehouse was cleared and six men were taken into custody," the Commander stated.
"That's how it happened, yes, Sir."
"How long did it take for you to secure the scene?"
McGee shrugged his shoulders.
"I can't say for sure but I'd estimate 4-5 minutes."
"So Special Agent DiNozzo was alone with Mahoney when he read him his rights?"
McGee and Tony exchanged a quizzical look.
"Special Agent McGee, please answer the question," the commander stressed. "Was Special Agent DiNozzo alone with Mahoney when he read him his rights?"
"I believe so, yes, Sir."
McGee glanced from his partner who was frowning deeply, to the director who was pacing like a caged lion.
"What does it matter if I was alone with Mahoney or whether I was with the starting line-up for the Washington Redskins?" Tony snapped irritably. "I don't know what the hell's going on here, Pete, but anything else you wanna know will have to wait until we get Gibbs back."
The agents turned quickly for the door when Vance's voice cracked like a whip.
"You have not been dismissed."
Biting down on his anger, Tony turned to face the director. He was impatient to return to the investigation.
"Due respect, Director, but Mahoney's stalling the inevitable and we don't have time for this," he said as reasonably as he could manage. "You have my report; if you have a problem with it, have someone check it against the transcripts from the wire I was wearing...problem solved."
"We already have!" Vance replied, the last vestige of his patience now evaporated. "Several times."
McGee watched the colour drain from his partners face.
"What?" Tony gasped.
"You did not advise Sean Mahoney of his Miranda rights at any stage during his arrest," Vance growled. "Tell me, DiNozzo, just how does a law enforcement officer with twenty years' experience, overlook reading a suspect his rights?"
"I…" Tony shook his head as the reality of the situation slowly sunk in. "That's not possible," he finally managed.
"I'm afraid it is," the commander added. "And as a consequence, Mahoney's attorney is citing lack of due process and calling for all charges against his client to be dropped."
"But Mahoney confessed," McGee stressed. "That has to be on the tape. We all heard it."
"Mahoney wasn't Mirandized," Pete repeated. "His confession and anything else he said or did to incriminate himself is not admissible in court. We have no case against him."
"So that's it?" McGee argued. "You're just gonna let him go?"
"There's nothing else I can do!" the JAG officer defended. "Mahoney will be released and escorted to Philadelphia where the PPD has an outstanding warrant for his arrest."
"For drug trafficking?"Tony snarled at his old friend. "He'll be released on bail before he sees the inside of a holding cell ...and when he's free, Gibbs is as good as dead!"
"I'm sure the district attorney will petition against bail."
"Come on, Pete, this is bullshit and you know it. There's gotta be more you can do!"
"We can't hold him!" the commander shot back. "Our whole case, the murder one charge, everything was dependent on a clean bust. You screwed this up, Tony, not me!"
Despite his anger, Pete immediately regretted his words when he saw the look reflected in his friend's eyes. He took a moment to calm himself and turned toward the director.
"Ambrose is waiting outside," he said. "I'll tell him that his client is being transferred to Philadelphia and handle the paperwork. I trust you'll arrange the prisoner escort?"
"Consider it done," Vance said.
The commander gathered the files and his laptop and took a couple of steps toward the door before turning back to his friend.
"I'm sorry, Tony," he said with genuine feeling.
Refusing to make eye contact, Tony stared straight ahead until the commander left the room and a heavy silence, shimmering with tension, filled the air. Tony needed to think; needed time to regroup. He strode quickly to the door and was reaching for the handle when Vance's voice rang out behind him.
"Not so fast."
The director rounded his desk and stepped into DiNozzo's personal space.
"You had to do it, didn't you?" he asked. "Even after I specifically told you that I'd handle it."
McGee's double take would have been comical had the situation not been so serious. His partner's eyes blazed with mutinous anger.
"All due respect, Director, we were running out of time…and you weren't handling it," Tony said defiantly.
"So you took it upon yourself to go directly to SecDef?" Vance snarled.
"I did what had to be done to save Gibbs," Tony replied without a hint of remorse.
"How'd that work out for you?" Vance asked sarcastically, matching the rigidity of Tony's stance. "SecDef won't agree to overturning the mandate, we still have no clue where Gibbs is being held and SecNav's demanding to know why the hell I can't keep my agents in line!" Without glancing away from the former detective, Vance continued. "McGee, effective immediately, you have point on this investigation."
McGee's jaw hung open in shock before he recovered enough to reply.
"Er...Director, I really think Tony-" he stumbled.
"I'm not concerned with what you think, McGee! Can you, or can you not, handle the lead in this investigation?"
"Well…yes, Sir, but-"
"Then it's settled," he said dismissing further discussion. "Agents Reynolds and Baker just flew in from San Diego. They will escort Mahoney to Philadelphia and will temporarily join your team upon their return."
Extending his hand palm up toward Tony, the director added.
"I'll need your shield and your side arm. Consider yourself on suspension until further notice."
The muscles along Tony's jaw line contracted as he swallowed the rage that threatened to choke him.
"You can't do this," he said with a calmness he certainly didn't feel.
"I can and I will!" Vance seethed. "Do you have any idea what you've done? A three month investigation flushed down the toilet. In SecNav's meeting with the Appropriations Committee, she highlighted the Mahoney case as a shining example of the vital work performed by this agency. Now I have to tell her that one of our most experienced agents not only disregarded the chain of command but he was absent the day they taught Miranda rights at the academy!"
Tony and Vance were locked in a silent duel and after a long moment, the director spoke again.
"Your badge and your side arm…now!"
Tony removed his Sig from his shoulder holster. In a few short, sharp moves, he ensured the safety was on, removed the clip and pulled back the slide to ensure the weapon was empty before handing it to the director. Fishing around in his inside pocket, he removed his creds and his badge and bit his tongue to prevent from telling the man where to shove them. His eyes flicked fleetingly to McGee before he turned and abruptly left the office, slamming the door in his wake.
-oo00oo—oo00oo—oo00oo—oo00oo—oo00oo-
The reverberation from the slamming door still hang in the air as Vance turned his attention to McGee.
"If you have something to say, McGee, say it now," he told him.
"Sir," the IT Specialist replied tentatively. "Baker and Reynolds are good agents but if we're going to get Gibbs back, we need Tony."
"DiNozzo made his choice," Vance said firmly. "And you've got better things to do than to plead his case. Advise your team and make sure-"
A commotion and loud voices interrupted the director's train of thought and he and McGee moved quickly through the door to the mezzanine level. All eyes in the Operations Room were turned upward to where Commander Barnes was battling to drag Tony away from Victor Ambrose.
"DiNozzo!" Vance barked.
McGee moved quickly to assist the JAG officer in hauling Tony away from the shaken attorney as Ambrose straightened his lapels and finger-combed his disheveled hair.
"Tony!" McGee yelled as Tony tried to break away. "Dammit, Tony, cut it out!"
Pinned with his back to the opposite wall, Tony's chest heaved and his eyes blazed with fury.
"What the hell's going on here?" Vance asked.
"This man has just accused me of knowing where James Mahoney is holding your Agent Gibbs," Ambrose replied indignantly.
Shrugging his arms free, Tony took two menacing steps toward the attorney who backed away quickly.
"You slimy sonofabitch, you know where he is and everyone here knows it!" Tony growled. "You'd wanna hope nothing happens to Gibbs because if it does-"
"Special Agent DiNozzo was just leaving," Vance interrupted sharply, his eyes meeting Tony's in a silent battle of wills. "Or should I have you escorted out."
For one terrible moment McGee thought the former detective was going hang a right hook on the director's determined chin. Tony took a deep breath to calm himself – it didn't work. His eyes bored into Vance's like lasers and almost a minute passed until he found his voice.
"That won't be necessary," he said through tightly clenched teeth.
With the eyes of his colleagues upon him, Tony strode purposefully down the stairs, grabbed his backpack from his desk and continued on to the elevator. Thumping the button with more force than was necessary, the doors opened and then closed behind him.
Victor Ambrose attempted a grin that looked more like a snarl.
"If you want to avoid a law suit, Director, I suggest you keep your agents on a shorter leash," he said.
"And if you want to be in Philadelphia by the time your client arrives, I suggest you leave, right now!" Turning on his heel, Vance walked quickly back to his office, adding over his shoulder. "McGee, keep me informed."
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McGee walked down the stairs to the Operations Room, stopping halfway to glare Gibbs-like at those still watching him from their workstations – most had the decency to return to their duties. He continued on to his desk, dropping heavily into his chair and wondering if he should break the news of Tony's suspension to Abby and Bishop or wait until the office scuttlebutt took care of that for him.
It was a decision he didn't have to ponder for long as the ding of the elevator drew his attention and Abby and Bishop burst from the car. The women jostled for position as they rounded the partition and stopped in front of McGee's desk, speaking simultaneously.
"Tell me it isn't true, McGee," Abby demanded. "Tell me Director Vance didn't suspend Tony. What was he thinking?"
"We just heard about Sean Mahoney. Are we really dropping all charges against him?" Bishop asked. "How could this happen?"
Climbing to his feet, McGee held up both hands and the women fell silent.
"I'm sorry, Abs, it's true. Tony's been suspended from duty, effective immediately," he said turning to Bishop. "All murder charges against Sean Mahoney have been dropped due to lack of due process. He's being transferred back to Philadelphia as we speak."
"No, no! This can't be happening, McGee!" Abby protested. "We need Tony here now to help us find Gibbs and I don't care what anyone says, Tony would never, ever, forget to Mirandize a suspect."
"You saw him when he got back from this assignment, Abs, he was exhausted," McGee reasoned quietly. "Tony made a mistake...a very costly mistake."
"I can't believe the director would suspend him from all duties," Bishop added. "I mean, okay, it was a mistake but we need all the help we can get, right now."
"We'll have help. Agents Reynolds and Baker are escorting Mahoney to Philly. When they get back, they'll be assigned to our team. In the meantime, the best thing we can do is-"
He stopped mid sentence as Abby picked up his desk phone and began frantically dialing.
"Abs? What are you doing?"
"I'm phoning Tony. This is so totally unfair."
Pressing the button on his phone, McGee cut off the call before it connected.
"McGee!"
"Abs, listen to me. Tony needs some time to calm down; then I'm sure he'll contact us," McGee told her firmly. "Now, as I was saying, the best thing we can do is get back to work and track down those leads."
When neither woman moved he softened his expression.
"Hey, look at the bright side," he said. "At least we don't have to sit through Tony's Tommy Lee Jones/The Fugitive speech again."
Abby smiled in spite of herself.
"I like his Tommy Lee Jones speech," she replied softly.
"Yeah? Well, don't tell him I said this but…so do I," McGee admitted. "Go, I'll be right behind you."
Waiting until his colleagues left the bullpen, McGee picked up his cell and pressed the speed dial.
"This is very Special Agent, Anthony DiNozzo. I'm not available right now. Leave your name and number after the tone."
Cancelling the call, McGee leaned back in his chair and scrubbed his face with his hands. With Gibbs abducted and Tony suspended, the burden of command was an unbearable weight on his shoulders. While leading his own team was definitely a goal he hoped to someday achieve, he never envisioned it would happen this way. Taking a few deep breaths, he reminded himself of the work to be done and the people relying on him. He regained his feet and headed for Abby's lab.
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A slow smile formed on Sean Mahoney's face as the news of the dropped murder charge sank in.
"You're being transferred to Philadelphia to face drug trafficking charges," his attorney told him. "With the evidence they have against you, the prosecutor will petition for you to be remanded in custody. However, I'm fairly certain I can persuade the judge to set bail."
"Fairly certain?" Mahoney spat. "Can you or can't you get this done?"
"I can. But it comes at a cost," Ambrose replied arrogantly. "Your bail is likely to be set at a minimum of ten million dollars and they will confiscate your passport to reduce the possibility of flight risk."
"Ten million? That's half of what I have!" Mahoney launched from his chair and began to pace in the small room. "God damn you, DiNozzo!"
The door to the meeting room opened suddenly and an agent glanced in. After ensuring all was well, he instructed Mahoney to retake his seat and left the room.
"We can't stay in the US," he said. "The feds will never leave us alone. We'll have to set up our operation overseas."
"Relax," the attorney told him. "I have arranged for the bail money to be wired from your Cayman Islands account and our…private transportation will be waiting for you and James as soon as your bail has been posted. You'll be getting a tan while the feds are still scratching their heads and wondering what the hell happened."
Mahoney's shoulders relaxed and he expelled an audible breath.
"Does James know any of this?" Mahoney asked.
Ambrose glanced at his watch.
"He's due to call in a couple of hours but I wanted to talk to you first. What do you want him to do with Gibbs?"
Mahoney's eyes hardened and his lips formed a menacing smile.
"Kill him."
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Leaving Abby and Bishop to continue following their existing leads, McGee had driven to Bowie, the new site of Tri-State Pyrotechnics, to discuss the RCIED remotes the company used to activate their fireworks. If they could give him the frequency, McGee was hopeful he could block the signal.
It was a slightly harried looking McGee who walked into the forensics lab two hours later. Passing through the sliding glass doors into Abby's inner office, he held two small items in the air.
"I got them," he said.
"The remotes?" Bishop asked looking up from her laptop.
"Yep. Tri-State uses a number of frequencies to activate their fireworks shows, but they only use two of these RCIED remotes. I can block both signals simultaneously…at least for a short time."
"How long?" Abby asked.
"Sixty seconds," McGee said grimly. "The signal can only be blocked for sixty seconds before the trigger system reboots and the device explodes."
"Sixty seconds," Abby whispered. "That's not long enough, McGee."
He looked at the concern in his colleagues eyes and added reassuringly. "It's gonna have to be. What have you got?"
"Not much, I'm afraid," Bishop replied. "I've been through Victor Ambrose's phone records and his known email accounts. I even checked to see if he had a Skype account. If he has been in touch with James Mahoney, he 's not stupid enough to use his own accounts. He must be using a burn phone."
"Figures," McGee nodded. "Abs?"
"We traced the serial number of the laptop Mahoney left at Gibbs' house to a department store in Hyattsville," Abby told him. "That's like, less than two miles from the warehouse."
"I called the store and spoke with the salesperson. She remembered that it was a cash purchase and that the guy just came in and bought the first laptops he saw, no questions about price or specifications all he wanted to know was whether the laptops had built in cameras."
"For Skyping," McGee said. "It could have been Mahoney; Tony said James doesn't know much about computers."
"It wasn't Mahoney," Abby replied pointing to the plasma as the screen came to life. "We had the store send over the CCTV footage. It's grainy and we can't make out the man's face but Sean Mahoney is six foot one, this guy's maybe five foot nine and a slighter build."
"Looks like Tony's hunch was right," Bishop remarked. "He had a feeling Mahoney wasn't working alone."
McGee continued to squint at the screen.
"He's too small to be Victor Ambrose," he said. "Abs, can you clean that up?"
"I'm trying, it's gonna take a while," Abby's green eyes suddenly filled with tears. "McGee," she whispered. "We're running out of time. We're no closer to finding Gibbs and Tony's still not answering his cell."
McGee draped an arm around her slim shoulders and gave her a quick squeeze.
"We're closer, Abs," he said. "It may not feel like it but we're definitely closer."
The shrill of McGee's phone cut off the rest of his statement and he gave Abby an apologetic smile as he answered the call.
"McGee…yes, Sir…when? We're on our way," quickly pocketing his phone McGee turned to Bishop. "Grab your gear, Ellie," he said almost Gibbs-like as he and the probationary agent headed for the door at a run.
"McGee?" Abby called anxiously. "What's happening?"
"I gotta go, Abs," he replied over his shoulder. "When I get back, I'll tell you everything…I promise."
"McGee!" Abby called again as the agent ran to catch up with Bishop.
With her hands on her hips, the forensic specialist stood staring at the doorway for several moments.
"You'll tell me everything?" she repeated. Tilting her head and puzzling over the agent's choice of words, she added. "Just what have you been keeping from me, Timmy?"
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Guiding the agency sedan around a sweeping curve in the road, McGee saw the flashing lights of a Pennsylvania State Police unit and a nondescript paneled van parked in a small clearing on the side of the road. Parking alongside, he and Bishop climbed from the car and walked to where Agents Reynolds and Baker were speaking with the PSP officers. They flashed their credentials as one of the police officers approached them.
"NCIS," McGee announced. "Special Agents McGee and Bishop. What happened?"
"We got an anonymous tip off that two federal agents were tied up and left in those trees over there," the officer pointed to the woods about fifty yards away. "At first we thought it was a prank but we checked anyway and, sure enough, there they were."
"They were transporting a prisoner. Any sign of him?"
"No, Sir," the officer said. "We only found your two agents."
"Are they hurt?" Bishop asked.
"Only their pride, Ma'am," the officer said as the disheveled agents joined them.
"You guys okay?" McGee asked, waiting until they nodded their reply. "What the hell happened, John?"
John Reynolds sighed deeply before explaining the circumstances that led to Mahoney's escape. It had been an uneventful trip. Sean Mahoney sat quietly in the back; an air of arrogance about him despite the prison coveralls and handcuffs. As the van rounded a sweeping curve, the front left tyre blew. Assuming they were under attack, Baker had drawn his weapon while Reynolds was forced to pull the incapacitated vehicle into the clearing.
They waited in the van for several minutes with their weapons drawn as they scanned the tree lines on both sides of the road for any sign of movement. Finally, they concluded that there was no danger.
"We figured it must have been a simple blow out," Reynolds said. "We decided to change the tyre and get back on the road as soon as possible. I…I guess we let our guard down."
They removed the tyre iron and spare from the rear of the vehicle before crouching beside the damaged wheel. The agents' blood ran cold when they saw the bullet that had pierced the tyre at a high velocity before lodging in the rim. Exchanging a look of disbelief they attempted to draw their weapons when a menacing voice sounded from behind them.
"Don't even think about it," the voice said. "Hands on your heads, gentlemen. Do it now and don't get clever."
Two armed men, both wearing ski masks, had seemingly appeared from nowhere. Quickly and effectively they disarmed the agents and led them into the woods at gunpoint.
"I don't mind telling you, Tim, I thought it was all over for us," Baker added. "But they handcuffed us to a small tree and left."
"Descriptions?" McGee asked.
"Nothing helpful," Baker replied. "One was average height and build, six feet, maybe six-one; the other was shorter and a slighter build."
"The shorter one did the talking," Reynolds added. "The other guy didn't say a word."
After ensuring the agents were okay to work their own crime scene, McGee and Bishop returned to their vehicle to begin their journey back to the Navy yard.
"Do you think our masked men were James Mahoney and his associate from the department store?" Ellie asked.
"Maybe," McGee replied with a non-committal shrug.
"The descriptions of their height and builds fit."
"Those descriptions are pretty vague," McGee replied. "They could fit anyone."
Ellie narrowed her eyes suspiciously as her partner kept his attention on the road.
"That was quite a shot, don't you think?" she continued.
"Sorry?"
"The shot that took out the tyre," Ellie clarified. "The tree line was, what, fifty yards from the road? Not to mention the fact that the shooter would have to calculate the trajectory, speed of the vehicle, wind conditions. I've read James Mahoney's file from cover to cover. There was nothing about him being such a good marksman."
"Well, maybe the other guy did the shooting," McGee suggested reasonably.
Ellie shook her head in admiration and whistled softly.
"Still, that was some shot," she repeated. "I wonder how James Mahoney knew our agents would be taking that road to Philadelphia?"
"Well…" McGee started. "Maybe he-"
"And why would Mahoney care enough to call the Philly State Police and tell them where to find our agents?" Ellie asked.
McGee tugged at his tie and felt the perspiration beading at his temples. Clearing his throat, he glanced in her direction and licked his lips nervously as her hazel eyes scrutinised him.
"McGee," she said firmly. "Your ears are red."
-oo00oo—oo00oo—oo00oo—oo00oo—oo00oo—
Arriving at their destination, two men dragged a stumbling Sean Mahoney into a room with a single bunk and no windows. Depositing him onto the bed, they ignored his protests and left the room, locking the door behind them.
Struggling out of their ski masks, the shorter man spoke.
"This better work, DiNozzo, cos I can't think of anything worse than sharing a cell with you for the next forty years."
"Relax, Toby," Tony said with a flash of his brilliant smile. "The fun's just starting."
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A/N:- Once again, sorry for the long delay and the rewrite. I hope it was worth the wait. L