Roberto Mendez was in Tony’s room just after sunrise. At least Gibbs assumed the sun was up. It should be, based on the clock, but the overcast sky and steadily falling rain made it hard to know for sure.
Gibbs tried not to resent the man’s presence. As Tony’s partner he had every right to be there. Which was the main reason Gibbs didn’t really want him around. He could handle Mendez making no secret of the fact than he didn’t like or trust Gibbs---at least that’s what Gibbs told himself. It was damned hard to admit to himself Mendez had good reason to regard him with suspicion, to not think of him more as an enemy than an ally. It wasn’t any easier to accept that as his partner, Mendez now had a greater claim to Tony than Gibbs.
“When did they pull the tube?” Mendez asked quietly. He kept his eyes on LaFiamma, ignoring Gibbs completely, his expression a mix of hope and concern.
“A few hours ago.”
“He’s doing okay, then?”
LaFiamma’s answering grin was bright and joyful. It was so much like Tony’s Gibbs had to look away.
“You could…ask me.” Tony’s voice was just a hoarse whisper, sleepy green eyes blinking open. Gibbs wanted to snarl at LaFiamma and Mendez for waking him up, but he was too happy to hear Tony speaking to bother.
Tony had slept soundly since waking long enough to have the breathing tube removed. Gibbs had sat holding his hand for over an hour until the need for a bathroom break and more coffee had forced him to leave. He hadn’t expected Tony to wake again until at least noon.
“Hey, Amigo,” Mendez leaned in close. He kissed Tony on the cheek. It was little more than a quick peck before he moved to kiss Tony’s other cheek. “Those are from Angela and Maria. I promised I’d pass them along.”
Tony smiled. Gibbs couldn’t help noticing his breathing was less steady than it had been when he was sleeping. He couldn’t tell if that was good or bad. It was still a lot more natural than when he’d been on the respirator.
“I don’t get…one from you?” Tony asked, teasing his partner.
“No.” Mendez rolled his eyes. “You aren’t my type.”
“Liar.” Tony smirked. “I’m everyone’s type.”
Mendez chuckled. “Must have you on some really good drugs to be that delusional.”
Tony’s laugh was cut off with a cough and a pain filled grimace. Gibbs started to step forward, torn between wanting to smack Mendez for making Tony laugh and determined to find someway to ease Tony’s pain. Before he could do anything both Mendez and LaFiamma were already trying to help Tony.
“Knock it off.” Tony ordered, his voice raspy but otherwise strong. He glared at both of them, stopping the babble of concerned words and apology coming from Mendez and LaFiamma’s reach for the call button. “I’m…okay.”
“Tony, you were in a coma just a few hours ago with a machine breathing for you.” LaFiamma argued. “You’ve still got a lot of healing to do.”
“Joe.” The one word was both a plea and a reprimand.
LaFiamma and Tony locked eyes. Gibbs wasn’t sure exactly what passed between them, but LaFiamma nodded once giving in to Tony. Gibbs bit back a sound of annoyance. They should call the doctor. To hell with what Tony thought about it. The man isn’t the best judge of his own health, Gibbs thought. He shot a dark look at LaFiamma; he should know better than to give in.
“Gibbs.”
Tony softly calling his name stopped his unconscious reach for the call button.
“DiNozzo.” Gibbs responded, keeping his tone even, trying not to look or sound like he’d just gotten caught doing something wrong.
“Leave it alone.”
Gibbs jaw clenched. “Tony, you really should let them"“
“I know.” Tony smiled tiredly. “And I will…just not yet. You can call them later, okay?”
Gibbs nodded, reluctantly accepting the compromise being offered. As long as Tony didn’t seem any more distressed calling a doctor could wait. LaFiamma arched an eyebrow, smirking at Gibbs. Clearly, he wasn’t any better at forcing Tony to see reason than LaFiamma. Gibbs fought down the desire to belt him.
“Fill me in on what happened.” Tony took a breath, eyes moving from Mendez to LaFiamma and then to Gibbs. “Tell me where we stand on the case.”
“Tony, all you need to focus on right now is getting better.” Mendez gave Tony a small, reassuring smile. “The rest of it can wait until you are stronger.”
Tony glared at his partner. “I’m not that fragile, Robbie.”
“Not exactly at your best either.”
“Neither are you,” Tony pointed to the cast on Mendez’s arm.
He didn’t almost die, you dumb ass, Gibbs wanted to shout at Tony. A broken arm was not nearly as severe as a punctured lung, or a damaged liver and spleen.
Gibbs looked to LaFiamma. He expected the man would agree with Mendez. Even if he hadn’t been willing to call the doctor he had to realize filling Tony in all that happened could wait until he was stronger. He hadn’t even been off the respirator for even a day yet.
And Gibbs wasn’t sure he was ready for Tony to know about Shepard’s involvement just yet. If he’d worked harder to bring her down; if he’d never convinced Kort to take the fall for Benoit’s murder; if he’d paid more attention to what Tony was going through after Jeanne left; if he’d never run off to Mexico…none of this would have happened. How long would it take Tony to realize it? What would he do when he did?
“Tell him.” Lundy said, cutting off his thoughts, suddenly reminding Gibbs he was also in the room.
“Mendez is right,” Gibbs shook his head, surprised to find himself openly voicing agreement with Tony’s partner. “DiNozzo has enough to deal with just getting better. He doesn’t need to worry about the case too.”
“You don’t tell him, and he will worry.” Lundy gave Gibbs a sardonic look before directing it toward LaFiamma and Mendez. “If it were you in his place, would you settle for being shunted to the sidelines? Be willing to tolerate being kept in the dark for your own good?”
Hell no, Gibbs thought, but refrained from saying so out loud. He kept his expression neutral, determined not to give away what he was thinking even though he was sure Lundy already knew. The man seemed to have him pegged almost from the second he’d met him; it was both annoying and oddly reassuring.
“If you don’t tell him, I will.”
“You could be moved into a room of your own,” LaFiamma threatened, his mild tone at odds with the determined look in his eyes. “Not like you need to be involved in this either, Cowboy.”
Lundy glared at his partner. “You try shutting me out now and I will kick your ass.”
“You can’t even get out of bed.”
“You really think that will make a difference?”
“It should.”
“It won’t.”
“I know.” LaFiamma growled. He rubbed a hand over his face. “I get you moved and you’ll be trying to sneak out of that bed and back here in a heartbeat.”
“Damn straight.”
“Stubborn son of a bitch.”
“Takes one to know one.” Lundy shot back. “You can’t look me in the eye and tell me you wouldn’t do the same.”
LaFiamma sighed, shoulders slumping in evident resignation. “I should have had them give you a higher dose of painkillers. Then you’d be unconscious and we wouldn’t be having this conversation.”
“Too late now.” Lundy’s grin was positive feral.
LaFiamma gave him a dark look. “Fine. You stay.”
Lundy nodded. “Always said you were more than just a pretty face.”
“Asshole,” LaFiamma muttered.
Tony and Mendez traded amused looks. Tony had told Gibbs verbal sparing was an integral part of Lundy and LaFiamma’s relationship. He’d seen evidence of it earlier and still found it odd. Fighting had never been productive in any of his marriages, leading only to more anger, hurt and resentment. The back and forth he’d witnessed between Lundy and LaFiamma didn’t even resemble the sort of fights Gibbs had with Shannon or his ex-wives. There were no personal attacks, no dredging up of past grievances, no insults or curses, no lingering icy silence. Maybe that was why it worked.
“If it’s any consolation,” Lundy said softly, “even if you decided to put me in a corner, with all the people trooping in and out of Tony’s room, someone is bound to let something slip. Better he get it in one go rather than in drips and drabs.”
“Point.” LaFiamma nodded, accepting not only the logic but also the obvious olive branch.
Gibbs mentally grimaced. Lundy was right. Putting off telling Tony would only delay the inevitable. And as much as he might want to, he’d never been the sort to put things off.
“My money would be on Sciuto being the one to spill first.” Lundy smiled wryly. “She might be hell on wheels when it comes forensic stuff, but that girl has a real tendency to babble.”
“Abby’s here?” Tony asked.
“The whole team is here,” Gibbs told him, wanting the younger man to know his old team cared as much as his new one.
“Really?” Tony looked stunned and then delighted. “Everyone came?”
“Everyone.” Gibbs confirmed.
Tony sounded dumbfounded when he said, “I can’t believe you came all this way just for me.”
“You might not work for NCIS any more, DiNozzo, but you are still one of ours.” One of mine, Gibbs added silently. Gibbs and the team had failed him before, but they’d learned their lesson. They were making up for that and had no intention of failing a second time.
Color rose in Tony’s cheeks and his shy smile was something Gibbs couldn’t remember ever seeing before. He found himself smiling back in response pleased to have said the right thing.
“And if Sciuto managed to stay mum on everything, I’m sure Tony could weasel details out of McGee.” Lundy turned his head, craning his neck to look directly at Tony. “Might be kind of fun if we tag teamed him. You wanna?”
Tony grinned. “We could play the sympathy card.”
“Hell, yeah.” Lundy chuckled. “God knows all this shit they’ve got tied to us makes us look pathetic enough to garner some serious sympathy.”
“It’s no wonder Beaumont thinks you two are giving her gray hair,” LaFiamma said, shaking his head. He sounded exasperated but looked amused.
“Wasn’t those two, LaFiamma,” Mendez corrected with a quicksilver grin, “it was you three.”
LaFiamma drew himself up, overdone affronted dignity to the fore. “I’m an angel.”
Lundy rolled his eyes. “Me and Slick got drugs we can blame our delusions on. What’s your excuse?”
LaFiamma flipped him off.
Lundy’s brown eyes gave his partner a heated once over. “You’re all talk.”
LaFiamma waggled his eyebrows, and blew him a kiss.
Gibbs eyed Mendez, wondering if he knew about Lundy and LaFiamma as a couple or not. They might be open with their teammates or completely in the closet---Gibbs hadn’t thought to ask Tony and the younger man had never brought it up. The blatant innuendo between them could easily have been explained away as meaningless teasing if need be. If Gibbs hadn’t known differently he’d have dismissed their interaction as nothing more than the same sort of smack talking he’d witnessed countless times in the Corps. He made a note to ask Tony just who was in the know when it came to Lundy and LaFiamma. He didn’t want to assume anything that could come back to bite him in the ass.
Lundy pointed toward Tony with his chin, drawing Gibbs attention back to what had started the argument in the first place. “Tell him.”
“Where do you want me to start?” LaFiamma asked Tony.
“What’s the damage?”
Gibbs winced, momentarily caught off guard by the realization Tony didn’t know the extent of his own injuries. He’d been thinking about it for so long he’d forgotten Tony might not be aware of the exact nature of his injures. Gibbs didn’t know if Tony had been conscious when being assessed in the ER, but he knew he’d been unconscious since then. If he even remembered anything from when they took him off the respirator he might know he’d punctured a lung and that he’d been in a coma. But no one had said anything about his multiple broken ribs, or the loss of part of his liver and spleen.
LaFiamma gave Tony a brief synopsis of what Dr. Kline had said about his injuries, why he’d been in a coma and what he might have to deal with during his recovery. Most people would have tried to soften the impact, minced words or incorporated the usual consolation platitudes, but LaFiamma didn’t. He obviously knew Tony wouldn’t want or need that.
Tony’s reaction was stoic, taking in what LaFiamma had to say without interrupting or seeming overly concerned. Given the number of injuries he’d had while working for NCIS, including having the Pneumonic Plague…this really wasn’t all that bad in comparison. But he paled when LaFiamma gave him a similar run down on Lundy’s injuries. Tony made eye contact with Lundy, eyes awash with fear and concern.
“Your leg"“
“Is going to be fine.” Lundy assured him.
“Truth.” The one word was almost a curt demand.
Lundy held up his right hand. “Truth.”
Tony let out a breath, coughing several times as his injured lung protested. He bit his lip and Gibbs knew he was holding in a sound of pain. Gibbs watched LaFiamma discreetly hit a button on Tony’s IV pole. He vaguely remembered the nurse mentioning that the pain medication in the machine could be self-administered if need be for at least one dose. Gibbs had to give LaFiamma credit for being sneaky.
He wasn’t the only one who noticed. Lundy gave his partner a knowing glance before saying something Gibbs knew had to be a deliberate distraction for Tony.
“From the sounds of it, I’ll be up and running before you will.”
Tony scowled, attention centered on Lundy. “Will not.”
“Will too.”
“Bullshit.”
“Hah. You just wait"“
“Shut up.” LaFiamma growled. “Neither of you will be up and running anywhere before Kline says so. I will cuff you to the bed if I have to.”
“And I’ll help him.” Mendez seconded.
Tony looked betrayed by his partner siding with his cousin. “Robbie"“
“You scared the hell out of me. Out of all of us.” Mendez pointed a finger at Tony and then at Lundy. “Both of you. So you are going to be coddled and catered to and babied until we’ve gotten back at you for that. Just suck it up and take it like men.”
Tony huffed out a breath in a weak, silent laugh. “Yes, Sir.”
Lundy seconded his agreement, giving Mendez a two finger salute.
“I should have a tape recorder.”
“Asshole.”
Mendez grinned. “You know it, baby.”
“Tell me about the case,” Tony said.
Gibbs smiled to himself. Tony was just as doggedly determined as ever. He couldn’t help but see that as a good sign.
He let LaFiamma and Mendez bring Tony up to speed, watching to see how he handled it. No matter what he’d agreed to earlier, if Tony had any more trouble breathing or appeared to be in more pain, Gibbs was getting a doctor.
LaFiamma and Mendez took turns going over what was known about Nunes, Kort’s reason for being in Houston, and Shepard’s involvement. When they got to Shepard, Tony’s eyes sought Gibbs’.
Gibbs expected to see anger, some disappointment. He expected to see blame, and be rightfully accused of failing Tony. Gibbs had braced himself for that. What he hadn’t expected was guilt, remorse and sorrow.
“I’m sorry, Boss.”
What the hell? Gibbs shook his head. Why would Tony apologize to him? None of this was his fault.
“Don’t apologize.”
“Sign of weakness, I know, but"“
“No.” Gibbs growled. “You didn’t do anything you have to apologize for. You didn’t do anything wrong.”
Tony’s face flushed, not with shy pleasure this time, but obvious shame. “I should have told her no when she asked me to go undercover.”
“There was no way you could have known at the outset she was obsessed with La Grenouille, or that the case wasn’t legit.”
Going after an international weapons dealer made sense, at least on the surface. And Gibb was sure she’d painted a pretty picture to convince Tony to go along with her. Even Gibbs had gone along with her, only realizing too late the case didn’t have anything to do with NCIS.
“I should have been there to stop her from even asking you to go under.”
Gibbs wasn’t vain enough to think his presence would have ended Shepard’s quest. She was clearly too far gone to have thwarted by him. But if he’d been there, she’d have been forced to use someone other than Tony.
They both had regrets, but there wasn’t anything either could do about that. Should have, could have, would have…none of that was worth a damn and didn’t change anything. It was done, and had been for too long to do anything but deal with the consequences.
“You did what you had to at the time,” Gibbs said, hoping to absolve Tony of any guilt even if he couldn’t do it for himself. “You did what you thought was right.”
“So did you.”
Gibbs felt a rush of affection and pride. He’d been an absolute ass leaving the way he had, and even worse when he’d come back. Gibbs hadn’t earned Tony’s easy forgiveness or deserved his understanding, and he knew in Tony’s place he would never have given either. For as much as Tony was like Gibbs, he was still his own man---in some ways a better man. And Gibbs hated himself for being too slow to appreciate that fact until after Tony had left.
Tony sighed softly. “Never should have made you use Plan B.”
“You didn’t make me use Plan B. We came up with that together.” Gibbs glared at Tony. He had no business taking blame for that either. “Protecting the team was our priority. We did what was necessary to keep them safe.”
That it meant letting Shepard get away with murder was an unavoidable side affect. One he and Tony had been trying to rectify. But all the details of Rene Benoit’s death were dated and second hand. They’d never even gotten to see his bodyThere simply hadn’t been enough evidence to definitively pin his death on her, no matter how many times they’d combed over it.
“Take care of you and yours first.” Lundy said firmly. “Then everyone else.” LaFiamma and Mendez nodded in agreement. It was clearly a code they all shared.
“We hung Kort out to dry.” Tony said softly, green eyes still harboring guilt and self-recrimination.
“No we didn’t.” Lundy countered before Gibbs could say anything. “Your old team was in the clear. And Kort was able to take over for Benoit, fulfilling his mission. Your plan was a good one. It worked.”
Tony nodded slowly. Gibbs couldn’t tell if he was acknowledging what Lundy said or he actually agreed with him.
“Kort is still dead.”
“I know.” Lundy sighed. “But you didn’t get him killed.”
Tony bit his lower lip. “If we’d"“
“You. Did. Not. Kill. Him.” LaFiamma cut him off, saying each word forcefully. “Where we went wrong was thinking the CIA would watch out for Kort. They don’t take care of their own.”
There was a wealth of condemnation in that statement. It was understandable. Nothing was more important to LaFiamma than friends and family. Looking out for them was always his first priority.
“We lost sight of how fucked up Shepard is.” Lundy grimaced. “I thought all she wanted was Benoit dead.”
“Maybe her illness isn’t physical but mental.” Mendez suggested. “The lengths she went to over all this is a clear indication of just how fucked up in the head she is.”
“We haven’t proven she’s done anything yet,” Gibbs reminded them, earning himself a dark look from Mendez and LaFiamma. He wasn’t trying to defend her; he was simply stating a fact.
“Gibbs is right.” Lundy shifted restlessly on his bed, a clear sign he was starting to feel more pain. “We know she was involved. We still have to prove it.”
“Hopefully we’ll get somewhere today on those burn phones.” Mendez said.
Tony looked at his partner. “In my desk…second drawer"“
“The one you keep locked?”
“Yeah.” Tony’s eyes drifted closed before opening again. The sleep he got was obviously not enough. “There’s a file.”
“What about it?” Mendez asked.
“I kept my notes from…La Grenouille case.” Tony blinked, breathing slower and deeper as he struggled to stay awake. “Shepard set up dummy accounts for…DiNardo. I still have the…numbers. Phone I used was…a burn…phone. She could have gotten…the others from the…same place….same way.”
“She was using the same people to keep track of Kort that she used to keep an eye on Benoit.” LaFiamma said slowly. “It’s possible she used the same set up for everything else.”
“Makes sense,” Lundy seconded, “that she’d already use the means she had in place. And as far as she knew no one was watching her any more. She probably thought they were safe to use.”
If that were the case, Gibbs thought with quiet excitement they might just have a paper trail they could follow. If she’d been as careless with this as she was with La Grenouille they stood a better chance of nailing her. And so far, they had damn little evidence she’d been careful. The slip on the phone she’d made while talking to him was proof positive she wasn’t paying attention to the details.
“Follow the money,” Tony mumbled as he lost the battle to stay awake.
“You got a key to Tony’s desk, Robbie?” LaFiamma asked.
“Dewing does. She got all his personal affects when you guys were admitted.” Mendez’s lips quirked upward in a small smile. “I thought all he kept in that drawer was those expensive chocolates.”
“Nah, he keeps a few of them in that one.” Lundy said, chuckling. “Legs keeps most of his stash in her desk for him.”
“Only way he can keep it safe from you two,” LaFiamma said with a smirk.
“We’re not that bad,” Mendez muttered, looking sheepish.
“Well, you’re not.” LaFiamma chuckled. “Lundy is another story.”
“Shaddup.” Lundy shifted again, hissing through is teeth.
LaFiamma hit the call button. Lundy not arguing told Gibbs just how much pain the man had to be in.
Mendez headed for the door. “I’ll keep you posted on what we find.”
“When McGee gets to the office bring him up to speed.” LaFiamma ordered.
Mendez saluted. “Will do.”
Gibbs knew LaFiamma’s not mentioning Ziva was deliberate. And he knew the implied lack of trust was readily conveyed to Mendez. The Houston cops would do their best to keep her out of the loop.
LaFiamma hadn’t given an inch where she was concerned, and Gibbs didn’t honestly expect him to until Ziva’s loyalty was proven to him. Gibbs’ gut told him she could and would win him over; it was just going to take time.
Gibbs glanced at his watch. The team should be arriving in another half hour. Abby and Ducky could stay at the hospital while he, McGee and Ziva headed for the police station. The sooner they put this to bed the better.
Gibbs wanted to be there for every step of Tony’s recovery. He couldn’t do that with Shepard hanging over their heads. She’d already robbed them of far too much. He didn’t want her taking any more.
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