Presumptions

Chapter 4 - The Prodigal Son Returns

Weeks had passed since Kate had told Rick of her pregnancy. She was starting to show, but hid it wearing fluffy shirts and sweaters to cloak her condition. Her situation with Castle had grown so much more closer and stronger, but still was a secret to all but Lanie. Eventually, the couple knew all had to be revealed, but for now people could continue to believe the past that Kate and Josh were still together.

At a crime scene, the name of a Maya Santori came up on a telephone call memo note. The vic had written down an address on the note.

"Address is registered to a Maya Santori, 32. She's clean, no priors", say Ryan.

They get to the address and Kate asks, "417" , once at the Apartment building of Santori.

"Yeah."

"Right there. (warning) It's open", say Espo.

"Castle, stay back", Kate says drawing her weapon, Ryan and Espo already with theirs in hand and assuming the stance.

With all drawn guns, they approach cautiously. Peering in the apartment, there's no one, but the place is trashed. They enter, making sure to cover their backs. There's movement and glass breaking from the other room; Beckett sees a shadow through the window. Ryan and Espo cover her while Rick remains off to the side. Espo kicks in the door to the bedroom.

"NYPD!"

"Let me see your hands!", barks out Esposito

"Drop the gun!", Ryan says backing up his partners.

The man in the room isn't expecting the raid. He ducks as Ryan's gun goes off.

"Woah!, Look I give up."

The three detectives pause, caught off guard. They're incredulous at what they see before them. Rick too is shocked at the identity of the assailant.

Kate says surprised, "Josh?"

"Kate?", replies an even more amazed Josh

"What are you doing here? When did you get back. It was not in the news?"

"I … uh …", Josh says as he turns to look at the body on the bed, gun in hand.

"Down, down! Put it down!", Kate says holding her gun now aimed at Josh. She's back on guard.

Esposito gives a similar warning, "Drop that gun! Now!"

"It's not what it looks like", Josh proclaims.

"It never is", says Castle.

"Turn around, Josh", he does, and then Kate cuffs his, "Josh Davidson, you're under arrest for murder".

Just then three men wearing DEA badges enter the room, weapons drawn.

"Hold up, this man is our witness! Release him to our custody".

"No way, we are taking him to the 12th Precinct, any jurisdictional issues on this homicide, you can speak to our Captain about", says Kate.

At The 12th

At the precinct the truth of the killings of the DWB mission to Columbia comes to light. It seems that unknown to the DWB, the Columbia team had been unknowlingly sneaking drugs out of the country and into the U.S. with DWB shipments. The drugs were hidden in the crates containing the hospital field equipment coming to and back from the in-country of Columbia. The drug cartel in Columbia had workers on the DWB missions who would hide the drugs in the crates of the returning hosptial field equipment. Once in NYC, the members of the Columbia cartel in NYC, working as dock workers, would then remove the drugs and make sure they made it into the hands of the local cartel drug gang.

Josh Davidson, and Maya Santori, a doctor and nurse on the Columbian mission, had found out about the smuggling scam. The hit made on the DWB team was meant to hide the drug smuggling operations. By luck, both Davidson and Santori were called to an emergency from a nearby village and were not at the expeditionary hospital when it was attacked. Upon hearing of the attack at the remote village where they had gone to treat some of the infected people there, they were able to get back to the city and the American embassy. It had taken months to do so having been in the remote jungle, they could not use public transportation, the cartel was monitoring all the bus stations and roads. No, the two had made it back on foot and on horseback when available. Many of the people whom they had treated in the remote countryside had help to keep them hidden from the Cartel. The two eventually got to the American Embassy where they were immediately placed on a plane back to NYC.

Once in NYC, they went to their respective homes and were to met with DEA agents later that day. It was at Maya Santori's apartment that a hit team from the Cartel had struck. Josh was not at his apartment having gone to Santori's home to pick her up for the DEA meeting. So the team sent to Josh's apartment had missed him. But Santori had texted Josh that she was being attacked by the unknown assailants. Josh had immediately notified the DEA and then continued on to Santori's place but she was dead when he arrived. The gun that Josh had in his hands was Santori's, licensed in her name for home protection.

"I'm afraid we will have to give custody to the DEA in this matter", said Montgomery, "Josh is to testify before a Grand Jury for the DEA on their case and he will placed under the witness protection program because of the hit on Santori. Josh is now the only witness from the Columbian DWB mission on the the drug smuggling operation and subsequent murders of the DWB staff on that mission."

Josh was immediately taken into custody by DEA and Kate had no opportunity to tell him of her pregnancy and that he might be the father of her unborn child.

Later That night at the loft

"So Josh is back! What a story he has about his disappearance. Still Kate, you need to tell him about your pregnancy", Castle said to Kate.

"I was hoping to do so, when he was in our custody, but now under DEA, they have him hidden so well and no one can talk to him unless on a need to know basis."

"Can't we make up something like needing him to question on the Santori murder?"

"They have precedence here so we can only get to him after the DEA is done."

"Puts a damper on any attempt to communicate with Josh."

"And what of you Rick? Now that Josh is back, does this change your plan for the child."

"It is still in place and more so if Josh refuses to take care of the child, should he be the baby's father. I worry also if he raises the child, can he do so and not hold a grudge against you and against me. The baby is sure to be affected by those negative feelings. That resentment is not healthy for the child. The child may be a constant reminder of his break up with you Kate, and Josh may hold it against this child. Even if the two of you agree to raise the child together, he may poison the child against you."

"I can't see Josh doing that, as a doctor he has treated many under privileged third world children. With a child of his own, I think he will care for the child even more than those improvished children he has already treated."

"There might be another path Josh could take?"

"Tell me your thoughts, Rick?"

"He may want to reconcile with you for sake of the child and the two of you raise the child as a couple."

"I don't think so on that Castle, we ended pretty badly. He accused me of cheating on him with you. He said some very painful things to me. Also, as much as we may have been good once upon a time together, he is not enough for me. He is not the one who has my heart. You have my heart Rick and there is no room for him there."

"I love you Kate."

"Love you more", she tells him, "you are the only man I want in my life now."

"My promise to you on the child remains Kate. Mine or Josh's, I will raise your child with you. You just need to figure out how to do that if Josh is the father. Consider that if you and I remain as a couple, and raise the child jointly with Josh, that could generate resentment in Josh for the child. How will that work?"

"I have thought about that Rick, and there is no simple answer. I do not know how Josh will react here if the child is his. I too have concerns. That is why I need to talk to Josh, if he can do so without his jealousy coming out. Most of the arguments I had with Josh, when it was not about our lost time together because of his DWB missions, were about you as my partner. Josh wanted me to end that partnership with you, but I said no. When he found out about my trip to L.A. with you, that was the tipping point. It ended with me breaking up with Josh."

"I will be with you whatever the outcome."

"The best outcome here is the child is yours. That makes all our concerns go away."

"It will be a while before we know that Kate, and by then the child will be born. I just hope, like you, for a good resolution here, whoever is the father of the child".

DEA Contacts The 12th

Two days after Josh was taken into custody by the DEA, they contact Capt Montgomery. He calls Kate into his office as a result of the DEA call.

"Kate, I have an unusual request from the DEA. They want to deputize you as a DEA agent."

"What! Hmm, oh... , (pause), ...what are you saying captain?"

"Seems Josh has refused to talk to the grand jury unless you are made the primary officer on his DEA security team. DEA wants to deputize you for the duration and for you to head up their security team. Of course, the DEA nor I cannot compel you to take this action!"

"Can I think about his for a day or so Captain."

"I would think as Josh's girlfriend you would want to keep him safe."

"There is a complication here and before I tell you what it is, I must ask your confidentiality on the matter I am about to tell you."

"You got it Kate, so speak to me."

Kate tells him of all that has happened with Josh and about her pregnancy. She also tells him about her and Rick being together.

"Well, that is a surprise! ...but let me congratulate your being together. I for one wanted it to happen, why do you think I agreed to let him do research with you. You were not having any kind of a life from work before Rick came along. You were all work and no play. But I now truly understand why you did not give me an immediate answer. Go talk to Rick on this and then get back to me. And Kate, congrats also on your pregnancy. We will have to put you on limited duty status once the delivery is near. Also Kate, what you told me will not leave this office until you tell me so."

"Appreciate that Captain."

"Go talk to your man on this DEA request and then get back to me.

Later that night, Rick was at Kate's apartment. They had a home cooked meal together, Rick and her doing the cooking. They had cooked enough so Rick could take some back to the loft for Alexis and Martha.

"I don't like it Kate", he had told her.

"Castle, don't tell me you are jealous now of Josh'."

"It's not that Kate, I trust you. It's Josh I do not trust."

"Rick, Josh and I are over. All I want from him is an agreement, if the fetus is his, that he will raise it jointly with me once it is born. Especially if he finds someone else, he needs to agree to jointly raise the child even if he and myself are with other partners."

"What if he puts the moves on you Kate?"

"He won't and if he does, I will handle him."

"Then I support you on this Kate."

"Thank you Rick. Remember that I love you."

"Always, and remember I feel the same."

The next day she tells Montgomery she will take the temporary assignment to be security officer for Josh while he prepares for his Grand Jury testimonies. She hopes his reaction to what she tells him does not generate any more bad feelings between them. He might be the father of her unborn child and Kate needs to have him remain cordial and cooperative to whatever arrangement they would come up with for raising the child.

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