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Author's Chapter Notes:
We're beginning to delve even further into the earth-shaking events that led to Gibbs being arrested and put on trial...
"What Had To Be Done"

-Chapter Five-

"So what's this whole shindig about anyway?" Abby asked Gibbs as the two of them walked through the doors into the massive auditorium-like room.

The room was huge alright, and lavishly decorated from top to bottom--might even say that it was a little bit over-done in a way.

"It's Congressman Donald Ferrell's birthday party." Gibbs explained. "He's fifty-something I think." he added, in a hushed whisper.

"So why are WE here exactly?" Abby continued, inquisitive as ever.

"Director's orders." Gibbs replied, quietly.

--END OF Abby's FLASHBACK #1--




Abby returned to her seat with the others after being excused from being questioned on the stand. The next part of the story that still remained untold--she knew as well as the others did--was where there shared pain and suffering first started.

"Dr. Mallard," Ms. Hart, Gibbs' attorney, called his name from where she stood in front of her table. "Could you take the stand please?"

Ducky nodded, and then stood up. He looked around and then swallowed a huge lump that had formed in his throat before moving forward.

"Dr. Mallard, I know that this must be difficult for you," Ms. Hart said genuinely. "But could you please describe the events as they unfolded that night at Congressman Ferrell's Birthday Party?" she asked. "You did attend that 'function'--did you not?"

"Yes ma'am--I did indeed attend said party." Ducky replied, slowly, the memory of that horrible night visibly haunting him where he sat in front of all of those people in that courtroom. "In fact, I attended it with my colleague--my friend--Jimmy Palmer." Ducky added, a slight grin playing at the corner of his lips.

"Yes, please go on." Ms. Hart lightly prodded the aging Medical Examiner.

Ducky nodded slightly back at the attractive Defense Attorney. "It was indeed Congressman Ferrell's Birthday party, and we were invited as guests of the Director's." Ducky began his story slowly, and with a slight bitterness to his voice. "Jimmy and I hadn't been there long when I ran into an 'old' acquaintance of mine--Carter Harrison..."

--Ducky's FLASHBACK #1--

"Carter, how are you old friend?" Ducky greeted the burly congressman with a big, warm smile and a firm (but friendly) handshake.

Carter Harrison was, indeed, bigger/taller than Ducky, his hair and his mustache were both graying in unison. The man also sported what appeared to be an old man's version of a military hair cut.

"Donald Mallard, how the hell are ya?" the burly man replied, with a big smile as he shook the aging Scotsman's hand.

The two men laughed like old friends should, and usually do.

"Jimmy, this is Congressman Carter Harrison," Ducky said, introducing Jimmy to his old friend.

"Hi. Nice to meet you." Jimmy said, as he shook the burly man's hand.

"Carter, this is my protege--Jimmy Palmer." Ducky said, beaming proudly.

"Nice to meet ya son." The burly man said, with a hearty chuckle as he shook Jimmy's hand.

"So how do you two know each other--exactly?" Jimmy asked, genuinely curious about the relationship.

"Oh, Ducky and me here go way back." Harrison replied, issuing yet another hearty chuckle as he remembered how the two of them met all those many years ago.

"Ducky and I served together back in our younger days--different units-same damn hole in the ground." Harrison started to explain.

"You see Jimmy both of our units were passing through the same small town--searching for survivors from the previous nights' bombings and such; and as it happened both units were caught up in the same ambush at the same time." Ducky explained.

"Our medic took one to the head early in--poor unlucky bastard--and then I took shrapnel from a mortar shell to my left side; and be damned if Ducky here didn't crawl through hell just to pull my sorry ass out of the fryer just so he could sew me back together again." the burly man continued to explain, with another hearty laugh.

Jimmy nodded in understanding now. "Oh okay--interesting."

"Ah, and here-" Ducky said pointing to a familiar couple that was approaching their current position. "Carter these are friends of mine as well." Ducky said, as he shook Gibbs' hand, and then Abby's.

"Carter, this is Jethro Gibbs and Ms. Abigail Scuito." Ducky said introducing the twosome.

"Ducky!" Abby squealed at the sound of being called 'Abigail'.

"Oh I'm sorry Carter--she prefers to be called 'Abby'." Ducky said with a chuckle, as he corrected himself.

"Agent Gibbs and I have already met once before." Harrison said, as he greeted Gibbs with a firm handshake. "And, uh, Evening Miss." he then said as he greeted Abby by gently kissing the back of her hand.

"Really, you have?" Ducky asked, referring to Harrison and Gibbs having already met before.

"Oh yeah sure." Harrison replied, with a chuckle. "Joe Rucker was a good friend of mine."

"Oh, the Admiral and you were--okay I see-well then I'm sorry for your loss my friend." Ducky said.

"Thanks Ducky, I appreciate it." Harrison replied, his face and voice growing somber for just a few seconds.




Tony and Ziva had arrived earlier, before Gibbs and Abby, and the two of them were already 'mingling' with the crowds of politicians and such. Tony had been doing his best to pretend like he gave a damn out anything that any of these people said, but he was finding it increasingly difficult to focus because of what Ziva was wearing.

Ziva's evening gown was a gorgeous red silk garment--that was made only that much sexier to Tony because SHE was the one wearing it. More than once or twice he caught his eyes moving up and down her lean figure tracing every line and curve perfectly outlined because the dress fit her so well.

She had also taken the time to do her hair up especially for this occasion--and she was wearing earrings. Yeah, Ziva David wearing girlie earrings--that was definitely a sight to see.

But Tony had to admit she had come a long way since they had first met, all those years ago, after her half-brother Ari killed his first partner Kate Todd.

"Yeah thanks. You too." Tony said, forcing a fake smile as he shook hands with another slightly aging politician.

He and Ziva continued to make their way through the crowd of people as they headed for the refreshment table on the other side. When they finally reached the table they also found a momentary quiet--a clear space in which to breathe a little bit--and Tony once again began tugging at the collar of his tuxedo.

"Something wrong with your tux Tony?" Ziva asked, with a smirk, as she set about the task of pouring herself a drink.

"Its all wrong." he mumbled, as he tugged at the tight collar/bow tie, once again.

"Well, I guess tux's aren't for everyone I suppose." Ziva said, between sips of her freshly made drink.

"No, its not that. Its just--its all 'Polyester'--and 'Polyester Blends'--Ugh." he explained, with a grimace. "But its all the Tux shop had."

"Really?"

"Yeah. Apparently everyone in this town gets their Tux's from the same place." Tony commented, on his unfortunate luck.

Ziva set her drink down behind her on the table, and then turned towards Tony. She moved close, and began fiddling with his bow tie--which he had managed to somehow turn a little bit crooked to one side with all of his incessant pulling and tugging at it.

"Well--I for one think you look--dashing." Ziva said quietly--to him--as she straightened his bow tie up for him.

"Hey, you can take that thing, rip it off, and burn it for all I care--never liked Bow Ties anyway." Tony replied, just as quietly.

"No, no--I think we'll leave it on for now." Ziva said, her voice gaining a slightly seductive edge to it, as she brought her lips to his and kissed him.

"Okay," Tony thought to himself as his eyes fell shut and he pressed his lips even closer to hers. "If she 'plays' like this for the rest of the night--we're seriously gonna have issues."

"You two seem to be enjoying yourselves this evening."

A familiar voice cut through the tender moment that the two lovers were having, and startled both of them out of their embrace.

Tony's eyes flew open, and he quickly pulled Ziva back, and cleared his throat--all while trying to regain some sense of composure--as was Ziva.

"Boss."

"Gibbs."

"Relax DiNozzo." Gibbs said as he poured up two drinks--one for himself and one for his date for the night--Abby. "We're not at work." he added, with a sly grin.

"I, uh-W-We just didn't expect to see you here--that's all." Tony stammered.

The truth was--just that. He was surprised to see Gibbs. He knew his boss wasn't really into things like this, and would much rather spend the night at home working in his basement building a boat or something.

"Who are you with--anyone?" Ziva asked, picking her drink back up off of the table.

"Aw, he probably dragged Allison along with him." Tony remarked, with a grin.

"Nope. Abby." Gibbs replied, turning away from the table, and now holding two drinks--one in each hand. "Now I'm kinda wishin' I hadn't." he added unexpectedly.

"Why is that?" Ziva asked, between sips of her own drink.

"Yeah. What she said." Tony chimed in, also curious as to what would cause his boss to re-think a decision--which was something that the silver-haired Senior NCIS Agent rarely did.

"Dunno," Gibbs replied, his voice growing a little serious and a little quieter as he spoke now. "Somethin' just doesn't 'feel' right." Gibbs explained quietly.

"That's never a good thing." Tony remarked, looking suspiciously around the room at everyone whose face he did not immediately recognize.

After a few seconds or so, Gibbs finally let out a sigh and gave a slight shake of his head at the couple standing next to him. "Then again, I could just be getting 'old'." he said, a little more light-heartedly.

"I've got to get these drinks back to Abby." Gibbs said at last, as he started to walk away. Then he stopped, and looked back over his shoulder at Tony and Ziva, momentarily. "Just--watch each other's backs alright."

And then with that Gibbs was gone--headed back to where Abby was supposed to be waiting for him and the drink that he was supposed to be bringing her.

"If Gibbs' gut is talking to him," Tony said quietly, turning back to face Ziva. "We should probably be ready for anything."

"Agreed." Ziva replied, quietly, seriousness evident in her voice.





By now, Ducky and Congressman Harrison had parted ways due, in part, to an unexpected phone call that Harrison 'reluctantly' claimed he just had to take. Jimmy had also excused himself, momentarily, to quickly locate a restroom.

Ducky and Abby now waited on the side of the auditorium-like room near where the smaller 'sitting' tables and chairs were set up ro use by the 'party guests' whenever they happened to get tired of standing on their feet.

Ducky was finishing a conversation with an older lady as Gibbs approached them, with one arm outstretched to offer a drink to Abby. He chuckled at something that the woman said, smiled, and then she went off on her way once again.

"What, no drink for me Jethro?" Ducky said playfully.

Abby chuckled at the aging M.E.'s sense of humor and unrivaled wit. "Thanks." she said, thanking Gibbs for the drink that he had brought her.

"Sorry Duck. Forgot to ask." Gibbs said, playing off of Ducky's humor.

"Well that's quite alright," the Scotsman said, with a grin. "Now if they had a nice Scotch laying around, then things would be different."

"Where's Jimmy?" Gibbs asked, between sips of his drink as he, Ducky, and Abby prepared to have a seat at one of the nearby tables.

Ducky chuckled. "Lad needed to find himself a restroom I'm afraid, but he should be back any moment now."

Gibbs and Ducky both shared that laugh together, as the three of them picked out a table to sit down at.

"Oh, Gibbs. I almost forgot--we need to talk." Abby said, suddenly anxious, and with slight urgency in her voice.

"Can it wait?" Gibbs asked, as he set his glass down on the table top. "Looks like the shows' fixin' to start." he added, motioning with his free hand towards the big stage setup at the front of the auditorium-like room. But at the same time he was also looking around the room, almost as if he were searching for something

NCIS Director Leon Vance was taking the stage as the three of them were about to take there seats. Apparently he was the one who had been chosen to 'host' the elaborate event this evening. He reached for the microphone, and removed it from its stand, and began speaking into it. As he did so the room began to fall quiet, and the lights were slightly dimmed--but only just ever so slightly.

"No, it can't." Abby insisted. She grabbed Gibbs' arm, after having set her own drink down on the table, and pulled her boss off to the side just a little bit so that Ducky and hopefully no one else would be able to hear what she was about to say.

"Abby, what the hell's-" he started to say after she stopped pulling on his arm.

"Gibbs. Congressman Harrison, Ducky's friend, smokes Cigars." Abby finally blurted out, in a hushed voice.

"Cigars?" Gibbs asked, slightly confused, at first.

"Yeah. Cubans--Gibbs." Abby added, still trying to make him see where she was going with her train of thought.

"He lit one right before he had to take that phone call." Abby explained. "At first I didn't think much of it until I actually smelled it. I'm positive its the same blend from our crime scene."

"Abby--are you sure?" Gibbs asked, now realizing what the Goth Forensic Specialist was saying.

"Gibbs--this is me we're talking about." Abby replied, grabbing her boss' shoulders tightly in her hands.

Gibbs stood in place, silently, his mind whizzing about in a million different directions as his gut churned violently inside him.

"Find Tony and Ziva--go." Gibbs said, as he turned Abby in the direction in which he last saw the other two NCIS agents.

By now Vance had wrapped up the evenings introductions, and he had introduced the first speaker of the night. He was currently making his way down off of the stage via a small set of stairs set just off to the side.



-Chapter Six-

Ducky stood up from the table he was sitting at when he saw Jimmy coming towards him through the crowd(s). It had taken the lad long enough--Ducky had begun to wonder if the young man had 'fallen in'.

Ducky gave a small wave to Jimmy so that the young man would see where he was sitting. At that point, Jimmy actually began to speed up a little bit more.

Suddenly a loud bang echoed across the auditorium interrupting the man who was currently up on stage giving a speech about the 'Guest-of-Honor' of the evening.




The gun shot rang out loud and clear. It was just a single shot, at first, and it struck its target straight and true. Its target was the man currently occupying the stage area, and he fell forward, crashing over the microphone stand on the way down to the ground.

Gibbs was walking swiftly in Vance's direction when all the commotion broke out all through the auditorium-like room. But after the gun shot was heard he took off in a mad dash.

A security guard was standing a few yards away from where he was, and he was drawing his service weapon out of its holster. Then to Gibbs' horror the security guard aimed his weapon at Director Vance who was trying to help a woman who had fallen down in the commotion.

Gibbs quickly drew his trusty pocket knife out of its secret hiding place, and lunged for the armed guard without a moment's hesitation.

"Look out!" Gibbs yelled in Vance's direction as he leaped at the guard. He plunged the knife deep into the guard's neck before he could fire off a single shot.

The guard collapsed to the ground grasping at the knife sticking out of his neck. Gibbs then picked up the unused service pistol, checked it over once, and it held it at the ready as he looked around the room for other assassins-in-disguise.




Gun shots were now streaking through the crowd(s) of people who were now trying desperately to escape.

Ducky ducked as a shot whizzed by over his head, and when he looked back up there was no sign of Jimmy anywhere.

Then he heard a cry of agony, and looked over to see a woman kneeling over her fallen husband who was apparently injured, and true to his nature Ducky--without thinking--headed into the fray to offer his assistance.

--End of Ducky's FLASHBACK #1--




Tony was now back on the stand telling more of his side of the story, and he still wasn't very happy about it either.

"It turned out that the 'security guards' were actually hired hit-men in really good disguises." Tony was now explaining. "And they were supposed to take out a preselected number of targets..."

--Tony's FLASHBACK #2--

A security guard near where Tony and Ziva were, pulled his gun and began firing shots into the crowd of screaming people rushing about the room trying to find an exit that either wasn't blocked off or wasn't locked up tight.

Abby was still trying to find Tony and Ziva, and she almost took a bullet in the process. She saw the other two NCIS Agents and started to run towards them when the security guard's gun turned in her direction.

Tony saw Abby at the last minute and lunged at the guard without thinking knocking him off balance for a split second, and sending the bullet off elsewhere instead.

The guard righted himself and then swung his gun at Tony's head, but Tony ducked out of the way just in time for Ziva to come out of nowhere with a side-swipe to the guards side.

The guard then buckled to the side, and then before he could blink Ziva knocked him out cold with a fist to the temple. After which she recovered his weapon to use as her own for the time being.

"You alright?" Ziva asked, as she helped Tony back up to his feet once again.

"Yeah I guess-" he started to say as he dusted himself off quickly. "Hey, no fair." Tony exclaimed, upon seeing the gun in Ziva's hand. "Why do you get the gun?"

"Because--Dear--I'm a much better shot than you are." Ziva replied, with a smirk.




Abby had somehow fallen to the ground amidst the stampeding crowd(s) of people still moving feverishly about the room. Her head was spinning with, and throbbing with excruciating pain now--as was her leg for some unknown reason.

"H-h-help," she tried to say, but the words wouldn't come out right for some reason.

Just then a hand reached down and grabbed her arm. "Abs, you alright?" the familiar voice asked her.

"G-Gibbs-" Abby stuttered, hoarsely.

"I"m here Abs." Gibbs said softly.

"M-my head-"

"Yeah, you're bleeding--probably hit your head coming down." he said quietly as he looked her over and--Damn!" Gibbs suddenly swore under his breath as his eyes fell across her exposed left leg. "You've been hit."

Tony and Ziva arrived at Gibbs' side at that moment as well.

"Boss?" Tony said as he knelt down beside them.

"She's hit." Gibbs explained. "Where the hell is Ducky!?" he bellowed angrily.

"Don't know." Ziva replied.

"But we'll find him." Tony assured his silver-haired boss.

"No," Gibbs replied instead. "DiNozzo--Get her somewhere safe-Now!" Gibbs barked. "Ziva, find Vance--and get those Damn doors open!"

With that the three of them started to stand up to go their separate ways.

"Get down!" Ziva suddenly hollered at her teammates.

Gibbs and Tony both instinctively cowered low--throwing their bodies over Abby's like a shield.

Just 50 or 60 yards away was a guard pointing a gun in their direction, but Ziva was much quicker than he was. She aimed her weapon, and with expert precision nailed the disguised assassin right between the eyes--dropping him to the floor in a silent heap.

--End of Tony's FLASHBACK #2--




--Ducky's FLASHBACK #2--

"Jimmy! Jimmy" the aging Scotsman yelled above the high volumes of noise as he moved on from his latest stop along the many fallen men/women. "Jimmy Palmer!" He yelled out once again.

He'd been looking for his young associate ever since the whole commotion first started up.

He pushed through yet another crowd and on the other side spotted Carter Harrison propped up against a nearby undisturbed table clutching at his right leg--which had blood oozing out from it.

"Carter!" Ducky said, as he dropped to his old friend's side. He then quickly snatched off his belt once he got a glimpse of what kind of wound his old friend had.

"Duck-" Carter said, panting heavily. "Musta got clipped--er--something when-"

"It's alright." Ducky commanded him as he wrapped his belt around the burly man's wound and pulled it tight against it--which made the burly man grimace at first. "Carter, the young man that was with me--Jimmy--have you seen him?" Ducky asked urgently of his friend.

Harrison shook his head at the aging M.E.

"Stay here. I'll be back as soon as I can--but I have to find Jimmy." Ducky pulling himself up and darting off once again.

Ducky searched unsuccessfully for a few brief moments while the sound of gun shots continued to fill his own ears.

"Damn it Jimmy!" Ducky swore angrily. "Where in bloody hell are-" but then he stopped short, as his eyes fell upon a sight that he wished like nothing else he had never seen.

Jimmy was laying, sprawled out on the floor blood pooling over/around him, and his glasses laid, smashed to bits--nearby his head.

"Oh--Jimmy." Ducky gasped, as he rolled the young man over onto his back and pulled him close.

Jimmy's eyes fluttered open, and then closed, and then back open again. Then he coughed--once and then twice--blood beginning to ooze up over his lips.

"Dr. M-Mallard-" the young man gasped, trying to draw in air to breathe but finding it very difficult to do so.

"It's alright Mr. Palmer--I'm here now...just try and relax."

"I-I" Jimmy stuttered as he tried to gasp out the words he was struggling for.

"Shhhhhh--You mustn't try to speak." Ducky instructed the young man, his own voice beginning to quiver as he surveyed the damage.

"I-I tried to-" Jimmy gasped through his labored breathing once again. "Guess I w-wasn't fast enough-"

"Jimmy. Please. You must conserve your energy." Ducky pleaded with the young man resting in his arms as he knelt there on the floor.

The young man made choking sound, and more blood oozed up over his tongue and then over his lips; and then down over his chin. Huge tears glistened in the young man's eyes as he looked up at his long-time friend and mentor.

"D-Dr. Mallard---I-I'm s-s-so s-sorry-" the young man managed to choke out, through the tears that were now rolling down over his cheeks, just before he took his final breathe.

Ducky sat there in silence for a moment waiting for the young man to say something else, but nothing else came.

"Jimmy--Jimmy!" Ducky shouted down at the young man's now lifeless body. "Jimmy!" he shouted once more, and then the uncontrollable sobs overtook him as he pulled the young man's body close and hugged it tightly against his own body.




Suddenly there was a clicking sound, and then the faint sensation that someone was watching him. Ducky looked up, and found one of the guards standing just mere feet away aiming a gun down at him.

The guard slid his finger into the grip, but just before he could pull the trigger another gun shot was heard coming from elsewhere; and then the guard suddenly slumped forward and then crashed loudly to the ground.

Ducky looked past where the guard had been standing and saw Gibbs, who looked a little worse-for-wear, standing just a few yards away aiming his own gun in the direction of where the guard had been standing just mere seconds before.




Seconds later a set of doors on the far left-hand side of the room were thrown open--a combined effort by Director Vance and Ziva--and those still left standing stormed out as quickly as they possibly could screaming and sobbing the whole way.

"Lets go!" Vance was shouting over the noise. "Everyone out! Move! Move!"

Towards the other side of the room Gibbs suddenly found himself caught in the stampede headed for the doors. He tried to step out of the way, but was hit from the other side by another couple running for their lives.

Gibbs fell backwards into a cluster of chairs near an upturned table setting. The gun he had been holding slid off somewhere away from him in another direction--leaving him unarmed, and somewhat more vulnerable.

He struggled back up to his feet, by now pretty much clear of the escaping crowd of people, and his eyes immediately began searching for the gun once again.

He spotted it--finally--and started to move towards it when he suddenly felt cold steel pressed against the back of his head/neck.

"The others are all dead, but not me--not yet." a gravely voice said from behind Gibbs. "You and I are walking out of here together--out the back."

"If I refuse?" Gibbs asked plainly, without blinking.

"Do you really want to die tonight!?" the man nearly screamed, pressing the muzzle of his gun into Gibbs' skin more firmly.

"Do you?" Gibbs asked, smoothly and still very calm and in control.

"Hey!"

The gunman spun around at hearing the new voice coming from just behind him. "Wha-"

Bam! Tony's fist connected hard with the man's jaw, and the blow sent him sprawling backwards. The man hit the floor, dazed at first, but then he shook it off and began looking for the gun that he had dropped.

But before the man could get very far Tony was on top of him, slamming his fists hard into the man's face/head until Gibbs finally reached where they were, and pulled the younger man off.

"Clear!?" Ziva yelled across the auditorium-like room, weapon still held out in front of her, which by now had gone eerily quiet.

"Clear!" Gibbs yelled back, looking from Tony to the unconscious man lying on the floor before them.

......To Be Continued......
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