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Author's Chapter Notes:
The case has been solved and Gibbs can be with Tony, but there's a few loose ends to sort out.
Title: Red Peril 11/11
Author: Ceindreadh
Email: Ceindreadh@eircom.net
Website: n/a
Permission to archive: Yes to WWOMB, anybody else, please ask first.
Fandom(s): NCIS
Genre (general, hetero or slash) : slash/action
Rating: T
Warnings:
Disclaimer. I don't own the NCIS characters, I'm only borrowing them, and I promise to return them in minty fresh condition when I'm finished.
Notes - The case has been solved and Gibbs can be with Tony, but there's a few loose ends to sort out.

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Ducky paused at the door on his way out and looked back at Gibbs, "This wasn't your fault Jethro. Whatever Jenny might have said, you are not responsible for any action she may have taken. Try to remember that."

But by the look on Gibbs's face, Ducky could tell that he didn't believe him.

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[11]

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Gibbs settled himself in on the chair beside Tony's bed. Tony's doctor had assured him that he should make a full recovery. "He was somewhat disoriented initially when he came round," the Doctor had said, "But his condition has improved during the day. He will need physiotherapy once his bones have healed, but there should be little or no scarring from the cuts on his face. All in all he's been most fortunate."

Gibbs would have disagreed with the doctor on that point if he hadn't been so anxious about Tony. He didn't really think there was anything fortunate about Tony being beaten up by hired goons all over a misunderstanding.

During the next few hours, Gibbs had plenty of time to think over what had happened and his role in it. The more he thought about the SecNav's not so subtle hints about the most suitable outcome, the less certain he was about his own feelings on the matter. On the one hand, Jen deserved to feel the full extent of the law for what she had done...but on the other hand...perhaps a trial was not in everybody's best interests...not just Jen's, but his and Tony's as well.

* * * * * * * * * * * * * *

"Just tell me why...why you turned me down, if it wasn't Tony...are you seeing somebody else? Please Jethro, you owe it to me...remember all the time we spent together?"

Gibbs glanced up at the two-way mirror on the wall. He knew that McGee and Ziva were watching, not to mention the sound tech guy. "You want to know why I didn't want to get back together with you?" Taking a deep breath, he leaned in close to Jenny, and spoke in a voice too low to be picked up by the microphones. "You were right about one thing Jen...Tony *was* the reason I didn't want to pick up where we left off."

A look of triumph shot over Jenny's face, only to fade away as Gibbs continued.

"You see Jen, Tony and I aren't in a relationship...not now anyway. Sure, we had a thing a few years back, but it didn't work out...we both realized it was a bad idea and we parted on good terms. But Tony...the time I spent with him...it made me see what a real relationship was like...and that what *we* had was poison. You were a good agent in the field Jen...but toxic out of it, and after Tony...I could never have gone back to you."

* * * * * * * * * * * * * *

Gibbs mentally kicked himself for saying those words to Jen and only in part because of her extreme reaction. But now Jen knew for a fact that he and Tony had been involved. Her actions had been serious enough when she had only suspected...but who knew what she was capable of now she knew for sure. Still, it was always possible that any attempts by Jen to use this news to harm Tony's career would be simply put down to the same mental breakdown that had led her to order the attack on him in the first place.

"Maybe SecNav was right," thought Gibbs. "Maybe this whole mess should be swept under the carpet as quickly as possible." But then, it wasn't really *his* decision to make, nor the SecNav's. Tony was the one who had suffered because of Jen's obsession...he was the victim here. If he wanted his day in court, then by God Gibbs was going to see that he got it.

"I'm on your six, Tony," said Gibbs, softly as he stood by the bed looking down at the injured agent. "Whatever you decide...I've got your back."

"You...you always have...Boss..." Tony's eyes flickered open and he smiled weakly. His eyes closed again for a few seconds before opening again and focusing on Gibbs. "You...you look like hell...what...what happened?"

It was on the tip of Gibbs's tongue to point out that he wasn't the *only* one looking like hell.
Gibbs had barely been able to stop himself from cursing Jen's name when he had seen the damage her goons had done to Tony.

So Gibbs bit back his first comment and instead asked, "What do you remember, Tony?"

Tony's eyes closed again and Gibbs thought he'd lapsed back into his restless sleep, but then he opened them again and looked at Gibbs. "Probie," he mumbled, "Was at McGee's...McGee's place...what...did I call him Probie once too often?" Tony started to laugh, but must have seen the expression on Gibbs's face. A look of concern came over his own and he asked, "McGee, is he okay? He...he didn't get hurt as well? Gibbs, tell me damnit!" Tony made as if to sit up, but gasped in pain and went even paler than he had been. "Gibbs?"

"Easy there Tony," said Gibbs reassuringly, even as he guided Tony back down to the mattress. "McGee is fine. He wasn't hurt. Managed to wing one of the bastards that took you down. He's fine, and you're going to be fine as well. As for what happened..."

Gibbs took a deep breath before he filled Tony in on the events of the previous twenty-four hours, all the way from Tony's attack in the alley, up to the scene in the parking garage. "She admitted everything, Tony," said Gibbs. "She hired Caffrey, had his goons beat you up. The only reason she pulled the strings to get the case assigned to N.C.I.S. was so that she'd know exactly where we were with it. Probably thought she could slow the investigation down by choking us with paperwork."

There was a look of confusion on Tony's face. "Director...Director Shepherd did this...had this done? But...but why?" His face was wracked with pain as he continued, almost gasping out the words, "I don't...don't understand...what...what did I do, Gibbs? What...what did I do to piss her off?" His uninjured hand reached out towards Gibbs. "I...I messed up Boss...must...must a done something...messed up bad..."

Gibbs grabbed Tony's hand and squeezed it firmly. "You have done *nothing* wrong, DiNozzo," he practically growled. "Do you hear me? Anything that Jen did...you were *not* responsible for the actions she took. You were in the wrong place at the wrong time, but it was *not* your fault. Do you understand?" He kept hold of Tony's hand, squeezing it reassuringly until the younger man had calmed down somewhat. "Tony, if anybody's done anything wrong here, it's me. I should have made it clearer to Jen that there were no circumstances under which we'd be getting back together. If I'd sat down and talked things through with her, instead of just ignoring her and hoping she'd take the hint..." Gibbs sighed heavily, "Then maybe you wouldn't be lying here, all because you wanted boat lessons to impress a girl."

Tony's hand pulled free from Gibbs and he looked away. He mumbled something Gibbs couldn't quite catch.
"What was that?"

Tony looked back at Gibbs, his face downcast, "I said...there is no girl...there's no boat in the marina...I...I lied..."

For one of the few times in his life, Gibbs was at a loss for words. Finally he managed to ask, "Why?"

"I just...I just wanted an excuse to spend time with you...these last few months...since Kate died. Seems like all you do is sleep and work...I just...I just wanted to be with you when it wasn't...wasn't part of a case. You know...the way...the way we used...used to be..."
Gibbs started to say something but Tony didn't let him interrupt. "I know...know you think we can't...can't be together like...like we used to...but I...I figured...friends...friends was better than...better than nothing..." He lay back against the pillows, exhausted from the long speech.

"Ah Tony...you should have said something."

"How...how could I? I never...never wanted us to split up in the first place. I know...I know you said you didn't want to get involved with somebody...somebody you worked with...not long term...not serious...not...not somebody who could get hurt..."

"Not somebody who might get killed or seriously injured on the job...on *my* watch," said Gibbs, softly. He'd never admitted it to Tony, or indeed to anyone. Tony had been so accident prone when on the job. It seemed like every month or so he'd gotten attacked or knocked out or drugged or kidnapped. Hell, he'd even been pushed out of an airplane. And every time it happened, Gibbs had died inside a little. He'd had to break up with Tony for both their sakes. Either that or have him so wrapped up in cotton wool that Tony couldn't do his job. Gibbs had told himself that it was for the best. He'd told Tony that it just wasn't a good idea to be together while they were on the same team. He should have known that Tony would see right through him.

"Just tell me...tell me one thing...Gibbs. And...and I want an honest...honest answer..." Tony seemed to summon the last of his strength, as he looked Gibbs straight in the eye. "Seeing me...seeing me like this...does...does it hurt any less when...when we're not fucking each other?" He slumped back against the bed, eyes closed.

"No," said Gibbs finally, and so softly that he wasn't sure Tony would be able to hear him. "No, it doesn't hurt any less."

Tony remained still and silent for so long that Gibbs thought for certain he'd fallen unconscious or asleep again. Finally just as Gibbs was about to sit down again, Tony spoke. He sounded somewhat calmer than he had been before, "So...if it's not working...us being apart...maybe...maybe we might as well be together?"

"I can't believe you're saying that," said Gibbs. "You've just had the crap beaten out of you because one of my exes *thought* we were together...now you want to make it true. You got a death wish or something, DiNozzo?"

"Depends...you got any more crazy exes out there?" Tony smiled, and then grimaced in pain as he stretched the stitches in his cheek. His face was serious as he continued, "I mean it, Gibbs. We...we were good together...we could be good together..." He managed another smile as he added, "And...and I promise...if you turn me down...I won't go stalking your next redhead..."

"We'll talk when you're feeling better," Gibbs said firmly.

"Promise?" asked Tony tiredly.

"I promise," said Gibbs.

Tony nodded weakly, and this time when he closed his eyes, Gibbs could see him visibly relax into a restful sleep.

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[Epilogue]

As promised, Gibbs did talk to Tony about their relationship once Tony was feeling better. Well not so much talk, as listen while Tony listed out all the reasons why their being together was a good thing. Any potential objection that Gibbs could have considered, Tony brought up and dismissed, hardly letting Gibbs get a word in edgeways. In the end though, it hadn't really taken much argument for Gibbs to agree to give things another go. Seeing Tony lying there in that hospital bed, Gibbs had come to the conclusion that whatever pain there might be in store down the road if something happened to Tony, it would be nothing to the pain he would feel if something happened and Gibbs had wasted the opportunity to be with him.

Of course he'd let Tony believe that it was his arguments that had persuaded him to resume their relationship.

Tony *had* been the one to persuade Gibbs not to fight SecNav over Jenny Shepherd's plea bargain. As predicted by Gibbs, Jenny's lawyers were offered what he felt was an overly sweet deal that would see her serve her time in a minimum security facility while receiving appropriate counseling. Gibbs had hurled his coffee mug at the wall when he'd heard about it, furious with SecNav for trying to sweep the matter under the carpet.

To his surprise, it was a convalescing Tony who had persuaded him to hold his tongue. "There's some battles you're never gonna win, Jethro," he had said from his couch as he watched Gibbs pacing up and down in anger. "The deal's been made, there's nothing we can do about it. We kick up a fuss, then next thing you know one of us gets transferred to the Antarctic or somewhere. Best thing we can do is just let it go...and make sure that both SecNav and the new Director know that we're doing them a favor by not rocking the boat. Then if they ever give us grief about being together...well let's just say that they owe us one."

Gibbs stopped pacing and glared at Tony, "How can you say that? You're owed a hell of a lot more. Dammit Tony, you could have been killed."

"But I wasn't."

"But you could have been, and Jen's getting off with barely a slap on the wrist. How can you think that's fair?"

"I never said I thought it was fair," said Tony, as he reached out and took Gibbs's hand. "But she's in prison, she'll have a criminal record when she gets out, she'll never work in law enforcement again...and I...I have you, and if she hadn't had me beaten up, we might never have gotten back together again." He pulled Gibbs down beside him, pulling him close with his good arm, "So all in all, I think I've been pretty well compensated." He kissed Gibbs softly on the lips.

When Gibbs finally pulled away he said, "I still think you're too forgiving," he said, in a mock growl. "She deserves a harsher punishment than what she's getting."

"Oh I totally agree," said Tony, an uncharacteristically evil grin passing across his face. "So how much of a punishment do you think it'll be when she finds out that she was the one responsible for getting us back together again?"

"It'll certainly be a start!"

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The End

Ceindreadh
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