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As Gibbs entered the cafeteria, he spotted Jenny sitting at a table in the far corner of the room. He had kept her waiting longer than he had intended to, but he had not wanted to leave Tony’s side until Ducky had arrived. Despite the ME’s reassurances, Gibbs had still been hesitant to leave DiNozzo’s side, knowing that when Tony finally woke up, the young man wouldn’t want the team leader anywhere near him. Once DiNozzo realized that he was paralyzed and that he was responsible, things would never be the same between them and Gibbs knew he only had himself to blame.

Making his way through the maze of tables, he was thankful that there weren’t many people in the cafeteria; Gibbs knew that this conversation that he was about to have with Jenny was not going to be an easy one and it was probably a good thing that there weren’t a lot of witnesses around. There would no doubt be an investigation and he would probably face suspension, but truthfully, none of that mattered. He would give up everything if it meant that Tony would walk again.

He pulled out a chair and sat down across from the Director. Gibbs nodded his thanks as he took a sip of the coffee now sitting in front of him.

“Thanks,” the former Marine mumbled.

“You’re welcome,” she coolly replied. ‘I wasn’t sure if it would still be warm; I was expecting you fifteen minutes ago.”

“Had to wait on Duck,” was the only explanation that he offered. “I told you I didn’t want to leave Tony alone.”

“So where did you go after Ducky relieved you?” Jenny inquired.

Gibbs clenched his jaw, fighting the urge to tell her to mind her own business. “Just needed a few minutes alone,” he finally managed to answer.

He said nothing else as he took another drink of his coffee. Even after all these years, Jenny had an annoying habit of trying to involve herself in every aspect of his life and he resented her for that. He was by nature a private man and only those he trusted completely were allowed a glimpse behind the veil of secrecy. At one time, he had considered Jenny to be among those trusted few, but that was a different lifetime. Now, his trust in her had been shattered when she had used Tony for her own personal vendetta against La Grenouille. Her actions had added to the scars that DiNozzo was now forced to bear.

“Well, Agent Gibbs,” Jenny said, her tone formal and authoritative, “do you want to start at the beginning and explain to me how Agent DiNozzo ended up getting shot?”

“Not really, Director Shepard,” he sharply retorted. “I guess I don’t have a choice.”

“No, you don’t.”

Taking a deep breath, Gibbs began to recall the events leading up to the shooting. He had to force himself to remain emotionally detached as he spoke of his obsession in finding Sarah Carpenter. The team leader admitted that his judgment had become clouded by his desire to save a young girl from her kidnappers and that the only thing on his mind was rescuing her. Gibbs explained how he learned the identities of the men and that discovery had resulted in the suspects using Sarah as a means to exact their revenge on him.

“So, instead of turning this case over to another team, you continued to work it,” Jenny clarified.

“My team was perfectly capable of handling it,” he growled.

“And that’s why Tony’s lying up in ICU; because your team was capable of handling this?” she shot back. “You just told me that your judgment was impaired and yet you didn’t see fit to turn the case over to another team.”

The team leader glared at the Director. “No,” he forcibly answered. “Would you like me to continue?”

“By all means. Why don’t you tell me what happened when you got a hit on the bolo?”

“When the bolo came in, Tony and I left to pursue the suspects.”

“And did you call for backup?”

“Tony notified McGee and Ziva.”

“Did you wait for Agent McGee and Officer David to join you?”

“No.”

“Why not?”

“Because I didn’t want the bastards to get away!” he barked.

“So you ignored protocol and ended up in a shootout that resulted in Agent DiNozzo getting severely wounded,” she deduced.

Gibbs closed his eyes against the onslaught of memories that threatened to overwhelm him. Not for the first time, did he find himself wishing for the ability to turn back time, but he knew from experience that he could not change the past.

“We got out of the car and were fired upon. We immediately began returning fire and I saw Tony go down, but he still managed to get one of the suspects. I was concentrating on the second perp and I didn’t see DiNozzo get up until it was too late. He was in my line of fire and…”

“You shot Agent DiNozzo?” she interrupted, a mixture of surprise and disbelief evident in her expression.

“Yeah,” he admitted. “The two rounds he took in the back came from my gun.”

“Jethro, do you realize what you’re saying?”

He was struggling to contain his rage. His anger wasn’t directed at Jenny; he was angry with himself. “Believe me; I know what I’m saying. The sight of him going down is something that I’ll never be able to erase from my mind! I’m the reason that he’s lying up there in ICU, completely unaware of the fact that he’s never going to walk again!”

He wasn’t sure if Jenny was going to cry or if she was still in shock from his revelation. She had the same look on her face after Tony’s car had been blown up that day and she thought that she had been responsible for his death. “Tony’s paralyzed?”

“Well yeah, Jen. What did you expect after taking two bullets in the back?”

The Director visibly tensed at his sarcastic manner. “There’s no need to get petulant, Agent Gibbs,” she warned.

“I’m just stating fact, Director Shepard.”

“Then answer this question for me,” Jenny insisted. “Where were your vests?”

“In the trunk.”

“What? You knew that you were going into a potentially dangerous situation and you didn’t take time to put on your vests?”

“Tony wanted to, but I didn’t want to waste any time.”

“It would have taken thirty seconds, Jethro!” she exclaimed. “Thirty seconds would have made the difference in Tony being able to walk.”

“Don’t you think I know that? All I’ve been doing since it happened is wishing that I could go back and do things differently, but I can’t!”

Frustrated, he pounded the table with his fist. “Damn it, Jen! What do you want from me?”

“I want to know why you let this obsession get so out of hand!”

Gibbs allowed a tiny grin to escape his lips. “I don’t think that you have any right to judge me, or do I need to bring up the whole Frog thing again?”

“This is different. Your actions have resulted in an injury to another agent.”

“And yours didn’t? I guess a wounded heart doesn’t count, does it?”

It was Jenny’s turn to glare at him, but he remained undeterred. She had always been good at justifying her actions, even if those actions were questionable. “I’m going to need your gun and your badge,” she stated, her no nonsense tone projecting the anger that she was clearly feeling.

“I don’t have my gun.”

“Where is it?”

“I guess Ziva and McGee took it to Abby.”

“Fine. Then I’ll just need your badge.”

Gibbs wasn’t surprised by her request; he was just amazed that it had taken her this long. Tossing his badge and ID over to her, he said, “I guess this means I’m suspended.”

Jenny nodded. “Yes. You are hereby suspended pending a full IA investigation. Your team will be taken off rotation and they will be off this case until this matter is cleared up. You and your team will cooperate fully with the investigation,” she instructed. “Am I understood?”

“Crystal clear, Director.”

He stood to leave, but his departure was prevented by the firm grasp Jenny had on his arm. “Where are you going, Jethro?”

“As if it’s any of your concern, Director, I’m going back up to sit with Tony.”

“I’m afraid that I can’t allow that.”

Gibbs snickered. “You really think that you’re going to stop me?”

“I can’t allow you to see Agent DiNozzo until the investigation is over.”

Gibbs leaned forward, his unrelenting gaze fixed on the Director. “What? You can’t be serious!”

“Unfortunately, I am. You shot a member of your own team and although I’m sure it was an accident, until the investigation is done, you can not see Tony,” she declared.

“Don’t you dare do this,” Gibbs snarled. “Tony’s...”

“I’m sure that Agent DiNozzo is in good hands; the staff here is excellent,” Jenny reminded him. “Abby, Ducky, and the others can visit him at any time.”

Furious, Gibbs pulled free of Jenny’s hold and stormed out of the cafeteria, ignoring the stares of the few onlookers who were sitting at a nearby table. Damn Jenny! He had fully expected the suspension, but he was truly caught off guard when she informed him that he couldn’t see DiNozzo. Surely she had to know that she couldn’t stop him; he would find a way to see Tony despite her orders.


XXXXXXXXXXXXXXXX


Ziva, McGee, and Abby were huddled around the plasma, reviewing the results of the crime scene that the Goth had recreated. The evidence supported their findings; Gibbs had shot Tony. The trio was still stunned, knowing that although the shooting was accidental on Gibbs’ part, the ramifications of his actions were going to be felt throughout NCIS.

“What about Sarah Carpenter’s statement?” Ziva asked McGee.

“Nothing,” he replied. “She was tied up in the back and all she heard were gunshots. The next thing she knew, Gibbs was pulling her out of the car and cutting her free. He made sure she was all right and then went back to Tony. Gibbs instructed her to call 911 and then it wasn’t too long after that we got there.”

“So, she didn’t see anything?”

“No.”

“I just can’t believe that this has happened,” Abby said as she tightly hugged Bert to her chest.

“I know what you mean,” McGee said, gently squeezing her shoulder.

“We are not going to get anything done just standing around,” Ziva pointed out. “We’ve got to find some way to…” The Mossad Officer was interrupted by her ringing cell phone. Glancing at the caller ID, she saw that it was the Director. Taking a deep breath, she answered, “Officer David.”

Her eyes remained fixed on her two companions as she listened to the orders now being issued to her by Director Shepard. She should have known that they would be taken off the case, but Ziva had hoped that it would have taken longer. “I will tell the others,” she said as she hung up the phone.

“Ziva, what’s wrong?” Abby reluctantly asked.

“That was the Director. Gibbs has been suspended and we are to turn over all our findings to the investigation team that will be arriving within the hour. As of now, we are no longer working this case.”

Ziva allowed the others to absorb information that she had just relayed to them. The immediate silence unnerved her slightly, but the stillness was quickly shattered by Abby.

“Gibbs is suspended?” the Goth cried out in disbelief. “He didn’t shoot Tony on purpose. I mean yeah, he’s been kind of distant and focused on the case, but a girl’s life was at stake. Forget the fact that he’s been kind of grouchy or that he’s been almost obsessed…” Abby paused for a second. “Forget I said that, he’s been more than almost obsessed, but he would never intentionally hurt Tony!”

“Abby, it’s SOP for a shooting. There has to be an investigation,” McGee informed her.

“No there doesn’t. There has to be some way around it.”

“Gibbs doesn’t want a cover up.”

“But…” Defeated, Abby squeezed Bert once again. “In that case, I’ve made copies everything I’ve done,” Abby announced. “I had a feeling that something like this would happen.”

“We’ll do the same thing,” McGee stated. “You know, just in case.”

Ziva smiled at her friends. “That is a very good idea. Just because we are no longer working the case, does not mean that we are simply sitting wildly by.”

“Idly,” Tim interjected.

She glared at McGee. Usually, she didn’t mind being corrected, but it was usually Tony who took great pleasure in pointing out her grammatical mistakes. The fact that it was McGee who had made the correction made her miss DiNozzo in a way that she had not expected. She couldn’t explain her feelings for him; one minute she wanted to kill him for being so juvenile and the next minute she wanted to take him in her arms and hold him in an effort to keep his demons at bay.

“You can correct my English later, McGee,” Ziva said. “Right now, we’ve got some work to do.”

“You’re right. We better get busy.”

“You guys can use my computer,” Abby suggested. “I’ll double check and make sure that Palmer has copies of what he’s done so far.”

Ziva nodded as she sat down next to McGee and watched his fingers deftly fly over the keyboard. They now had a little less than an hour before they had to turn everything over to the IA investigators. It was hard to believe that this day had started out like any other day, but it had ended with their team leader being suspended, their senior field agent lying in the hospital, and the rest of the team being forced to sit on the sidelines while strangers decided the fate of Leroy Jethro Gibbs.

Jenny had ordered them to cooperate and she knew that Gibbs would want them to; that was the only reason that she would ever agree to be part of an investigation that could possibly destroy the career of the man that she considered to be her mentor. Ziva couldn’t shake the feeling that things were going to get worse before they got better; but at the moment, she wasn’t sure how things could be any worse.


XXXXXXXXXXXXXXXXX


Ducky had just finished regaling Tony with yet another of his adventures when Hannah entered Tony’s room. The ME had been impressed by the high level of care that Tony was receiving and had complimented the young nurse several times on her compassionate manner in which she treated both the patients and their families. Tony was very fortunate to have her as his nurse and he could only imagine how pleased the young man would be when he discovered that she was also very beautiful.

“Hello again, Hannah,” he cheerfully greeted.

“Hello, Dr. Mallard. Can I get you anything?” she offered.

“No my dear, I was just sitting here telling Tony about the time that I sailed down the Nile River; he loves that story.”

Hannah smiled as she slipped a thermometer under Tony’s arm. “Dr. Winesett decided to go ahead and start decreasing his sedation, so he should start coming around by morning,” she informed him.

“I’m sure that Jethro will be here with him.” Ducky glanced at his watch. “It’s later than I realized. I wonder where he could be.”

“I don’t know. I’m sure he’ll be along shortly.”

“You’re probably right.”

The ME was surprised when he heard Jenny Shepard’s voice outside of Tony’s room. He looked at Hannah, who merely shrugged. Ducky stood up and walked to the door to find Jenny issuing orders to another agent.

“Jethro Gibbs is not allowed to see Agent DiNozzo until after the investigation,” she stated. “Under no circumstances are you to allow him in this room. Do I make myself clear, Agent Spencer?”

“Yes, Director Shepard,” he answered.

“You will be relieved by Agent Coulson at 0600. If you have any problems, call me.”

“Jenny?” Ducky called out. “What’s going on?”

“I had to suspend Jethro and until the investigation is over, he can not be allowed to see Agent DiNozzo,” she hastily explained.

A lump formed in the physician’s throat. He could only begin to imagine how lived Jethro must be. “I see. Don’t you think the armed guard is over doing it a bit?”

“No, I don’t. Not where Jethro’s concerned. Now, if you’ll excuse me, Dr. Mallard, I’ve got to get back to headquarters to make sure that Ziva and McGee give their full cooperation to the investigators.”

“They will do what is required of them,” Ducky said. “Even if they don’t like it; they will do their jobs.”

“I know that, but I want to be sure that all our bases are covered.”

Ducky nodded. “Very good then,” he stated. “I’ll just go back and sit with Tony some more. He should be waking up in a few hours.”

“Keep me informed of any changes,” the Director requested. “Oh, and Ducky, do not even think of trying to sneak Jethro into Tony’s room.”

“The thought hadn’t even crossed my mind,” he lied.

The ME went back into Tony’s room to find Hannah jotting something down on her note pad. “He’s running a low grade fever” she explained, “but it’s nothing unexpected. I’ll let Dr. Winesett know.”

“Thank you, Hannah. I know we all rest better knowing Anthony is in such good hands.”

He watched as she took one final glance at Tony’s monitor. “So, what’s going on outside?” she asked.

“It seems that Jethro is not permitted to see Anthony until the investigation into the shooting is completed. Our Director doesn’t trust Gibbs, so she’s placed a guard outside Tony’s room.”

“Does Dr. Winesett know about this?”

“I don’t know.”

“Well, I’ll just have to mention it to him when I call him. I have a feeling that he’s not going to like this arrangement.”

Ducky grinned. “Would he like the number to Director Shepard’s direct line?”

“I’m sure that he would.”

He wrote down the number and handed it to her. After she left, Ducky sat back down next to Tony. “Well my boy,” he sighed, “we’ll just have to wait and see what happens. I have a feeling that Dr. Winesett is going to have a few words with our esteemed Director.”

Close to half an hour later, Hannah entered with a syringe in hand. “Dr. Winesett ordered this for his fever,” she said as she injected the medicine into his IV port.

“And the other matter?”

Hannah smiled. “Let’s just say that Dr. Winesett was not happy; he should be talking to your Director as we speak.”

“Wouldn’t you love to be a fly on a wall?” Ducky mused.

“Yes, I would.”

“Thank you for your assistance, Hannah.”

“It was my pleasure,” she assured him. The young nurse reached into her pocket and pulled out a note. “This is for you.”

He nodded his thanks as she left. Ducky opened the note to discover that it was from Jethro. “Call me ASAP. Need to talk,” he read aloud.

The physician couldn’t use his cell phone in Tony’s room, so he was going to have to go to the waiting room to make that call. He gently squeezed the agent’s uninjured shoulder. “I’ll be back in a minute, Anthony. I’ll just be in the waiting room, so I won’t be too far away should you need anything. I have a feeling that when I come back, we’ll have worked out some way for Jethro to be here when you wake up.”

Ducky rose from his seat and slowly made his way to the waiting area, acknowledging Agent Spencer with a nod. “I’m just going to stretch my legs.”

“Very well, Dr. Mallard,” Spencer replied.

The ME slipped into the room and turned on his cell phone. It only took one ring before he heard Gibbs’ gruff voice. “It’s about time, Duck.”

“I just got your note, Jethro. I can’t use my phone in Tony’s room and…”

“How is he?” Gibbs asked, purposefully interrupting the physician.

“He’s running a slight fever, but other than that, there’s no change. Dr. Winesett went ahead and started decreasing his sedation; Tony should start waking up by morning.”

“I can’t see him, Duck.”

“I know, Jethro. Jenny made that abundantly clear when she placed the guard outside Tony’s door.”

“I figured she’d do something like that. I need to be there when he wakes up and you know it.”

“I know and hopefully if fate intervenes, you’ll be able to.”

“What do you mean?”

Ducky explained how Hannah informed Dr. Winesett about the armed guard outside Tony’s room and the doctor was going to be calling the Director.”

“What if it doesn’t do any good?” Gibbs wanted to know.

“We’ll just do what we’ve always done,” Ducky replied.

“And that is?”

The ME grinned. “Improvise!”
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