Actions

Work Header

Agent Down

Summary:

An unsolved investigation into robberies at Naval supply warehouses is reopened by the team after the shooting of one of their own.

Chapter 1: Chapter 1

Chapter Text

PROLOGUE

NCIS Special Agent Tony DiNozzo smothered a sneeze as he crouched in his hiding place, watching the Naval Supply warehouse and waiting for the thieves to strike again.

*Oh great* He thought to himself. *I'm going to get a cold out here* It was raining, a steady drenching rain and there was absolutely no shelter to be had and DiNozzo couldn't afford to move from his position if he wanted to get the photos that would incriminate the culprits. There was no doubt that this was an inside job and while Tony knew he had to be here, there were more then a dozen places he would much rather have been on a cold, wet night at 2am in the morning.

*Well it's not like Gibbs sent you out here* he mentally told himself. *You came out here on a hot tip so you've nobody to blame but yourself for this discomfort you're enduring* With a sigh he shifted position slightly to ease a cramp in his calf and then smiled as he saw several shadowy figures approaching the warehouse.

'Bingo,' he muttered under his breath. 'About time,' he lifted the state of the art camera ready to take some 'happy snaps' that would nail these thieving parasites and ensure they didn't steal from the Navy again.

At that exact moment every muscle in his body tensed as he heard a noise behind him, just a slight noise that could have been rain on the bushes or a nocturnal creature scurrying for shelter but every instinct screamed that it was more then that and as he turned towards the direction of the sound he saw the muzzle flash, then felt a searing white hot pain tear through his chest and he was pitched off his feet and onto the ground that was rapidly being mud. It all felt like it was happening in slow motion and Tony couldn't believe that it was all going to end for him right here and now in the middle of nowhere and in the rain. No this was not the way he expected it to end and as he lay gasping for each painful breath he looked up into a face that he knew and tensed himself for the bullet he knew was coming, the bullet that was going to end his life.

'I'm not going to make it that easy on you DiNozzo,' the shooter informed the dying man as he and an accomplice who appeared from the shrubbery set about beating Tony to within an inch of his life, then with a sinister laugh they left him to die a slow and painful death in the rain that had turned into a torrential downpour. As the rain lashed his body Tony knew that the crime scene was being totally destroyed, washing away any evidence of his killers. He knew he was dying that nothing could save him now, he'd be found without doubt, but by the time he was it would be way too late, and with each ragged breath he took sending scorching pain searing through his body and with his life's blood slowly ebbing away, he closed his eyes and surrendered himself to the darkness that was rapidly descending. There was so much pain and with all hope gone all he wanted was for the pain to go away.

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

 

CHAPTER 0NE
(1)

NCIS OFFICES 9AM

 

'Where is DiNozzo' Jethro Gibbs stormed into the NCIS office with two cups of coffee in his hand, noted that Tony wasn't at his desk at this hour of the morning and then nailed Special Agent Caitlin Todd with a hard look. 'Well where is he.'

'He's not in yet Gibbs,' she replied noting the time and thinking what deep crap Tony was in this time and what creative excuse he was going to come up with when he did arrive.

'I can see that Kate,' came the terse reply as he put down his coffees and shrugged off his jacket. 'That didn't however answer my question.' It was clear that Gibbs was in a foul mood and Tony's absence had naturally done nothing to improve it, only serving to make it darker.

'Yes Gibbs and aside from the fact that he isn't here I don't know where he is either. I'm not his mother or his keeper you know.'

Before Gibbs had a chance to growl a reply his phone rang and he snatched it up. 'Gibbs,' he answered gruffly and Kate watched as the colour literally drained from his face. Something was up and it wasn't good. Did it involve Tony and if so what sort of trouble had her colleague gotten himself into and was it the reason for him not being here.

'When?' She heard him ask and watched him scribble something on a piece of paper. 'Okay which hospital. Right we're on our way,' he banged down the phone. 'Kate,' he picked up his jacket. 'Come on.'

'What's happened Gibbs.' Kate jumped up and grabbed her own coat. 'Where are we going? You said something about a hospital.'

'That's where we're going Kate.'

'Why?' Her face was a momentary question mark and then quickly replaced by a frown.

'Tony's there,' he told her his face grim. 'Beaten and shot. He's in surgery at the moment but... 'He left the sentence unfinished and Kate felt her heart lurch because she knew exactly what that but, meant.

*'Oh Tony,* she thought as she bit her lip and quickly followed Gibbs from the office. *How on earth did you get yourself into this dire predicament.*

 


(2)

 

Kate, Gibbs & NCIS Director Tom Morrow sat in the waiting room of the hospital. Well to be more precise Kate and Morrow were sitting while Gibbs paced up and down like a caged lion. 'Stupid bloody cowboy. What did he think he was doing out there alone? If he doesn't die from these injuries I'll bloody kill him myself,' he muttered as he continued to pace.

They'd been filled in on what had happened to Tony upon their arrival at the hospital, where he'd been found and how it was only the chance discovery by a passing patrol that had given him this however tenuous chance of survival instead of a direct trip to Ducky's morgue.

'Gibbs would you sit down please,' Morrow requested of his Agent. "Pacing isn't going to help.'

'With all due respect sir,' Gibbs started to say when they saw a doctor walking briskly towards them.

'You're here about Mr DiNozzo,' she enquired of the trio.

'Yes,' Gibbs pulled out his identification. 'How is he. He's obviously made it through surgery. Hasn't he?'

'You're not family,' the doctor frowned. 'I really should speak with his next of kin and... '

'Do you see any family here for him,' Gibbs snapped and Morrow put his hand on his shoulder but Gibbs was fuming and simply shrugged it off. 'Do you see any next of kin who could be bothered to be here.' he continued. 'We,' he waved his hand to include Kate and even Morrow. 'We are probably the nearest thing to family he's got to be here for him.'

This surprised Kate. She'd never really heard Tony talk about his family and yet she somehow didn't think they were dead and she couldn't believe that they wouldn't come to the hospital to be with their son when he was fighting for his life. She'd have to ask the right question of the right people to find out more but she certainly wasn't going to ask Gibbs.

'I see,' Doctor Marion Rich nodded. 'Alright,' she sat down and the trio followed her lead. 'Yes he's come through surgery although we did lose him once on the table. Considering his injuries I'm amazed that he's made it this far. He's a fighter that's for sure,' she then proceeded to list for them the exact injuries that Tony had sustained using medical jargon that made Kate wish that Ducky was present to translate into simple English for her. Still she understood enough to know that despite his fighting will to live the overall prognosis for survival was grim.

'When can we see him.' Gibbs enquired and it was clear it was a statement not a question.

'You can come with me now. He should be back in ICU but he naturally won't be aware of your presence and you must be prepared for what you're going to see. He's pretty banged up as you can imagine considering the injuries I've just advised you of.

Gibbs nodded as the trio followed the doctor into Tony's ICU ward and Kate couldn't help herself and she audibly gasped as she saw her colleague, and her friend lying there on the stark white hospital sheets, his pallor maybe one shade less white. He was covered in bandages and hooked up to machines that beeped and hissed abnormally loud in the cold and silent room. Yes he was still alive but from where Kate stood it looked like that the essence that made Tony who he was had already gone and only a lifeless and empty shell remained.

Gibbs took a step towards the bed, he'd been a marine, he'd seen men die, had a man die in his arms once, seen too many good men go down in the line of duty before today. Taking a deep breath he took several more steps towards the bed and remembered a conversation he'd once had with an FBI agent named Fornell. There had been a missing FBI agent and Fornell had asked the question of Gibbs, who had not approved of the Federal Agents methods and the fact that he'd lied to him, wouldn't you do the same thing if it was your man. Tobias had known the answer without Gibbs voicing it and now Gibbs was faced with his own Agent down and he was determined to do anything to nail the person or persons responsible for putting 'his man' in critical condition.

'I want the bastards, who did this,' he growled his blue eyes two hard sapphire chips and his jaw clenched tightly. 'We'll get them Tony,' he told the man on the bed. 'Nobody does something like this to one of my people and gets away with it. Nobody.' He swung around to Kate. 'Pull the files on the naval supply robberies from several months back. He was found near a supply warehouse so it has to be connected. I want everything we've got on those unresolved investigations and I want it yesterday.'

'So do I Gibbs,' Kate assured him as she cast a one last glance at her comatose colleague. 'I'm on it.' she strode past Gibbs and to Tony's bedside where she took his hand in hers and gave it a gentle squeeze. 'You hang in there Tony do you hear me,' she said softly before gently placing his hand back on the bed and briskly leaving the ICU ward before Gibbs or Director Morrow saw the tears that threatened to spill down her cheeks.

Gibbs watched her go, paused for just a moment before he turned on his heels and left the ward as well almost bowling the Director over as he did so.

'Gibbs,' Morrow recovered and hurried after him. 'Gibbs you and Todd are not to work this investigation. DiNozzo is a close colleague and that makes you far too personally involved. You're too close to it and... '

Gibbs paused and turned slowly to face off with his boss. 'And what Sir. With all due respect we are going to work this case and I can assure you that both Agent Todd and I can conduct ourselves and this investigation in a totally professional manner.'

'Well I'm not so sure.'

'I am.'

Morrow sighed and ran a hand over his face in weary resignation. 'Just what part of NO don't you understand Gibbs.'

'It's not in my vocabulary at times like this sir. Now is that all because if it is I have to get back to the office.'

'Yes Gibbs,' Morrow knew this was oh so wrong, he knew that they shouldn't be working this case but he also knew that short of tying or locking Jethro up nothing would prevent him from conducting this investigation and hunting down those responsible for Agent Tony DiNozzo's current condition.

'Then I'll be seeing you sir,' Gibbs said before he strode purposefully away, grim determination etched on his face and vengeance in his heart.

 

(3)

 

Kate was sitting at her desk reading over the files that Gibbs had requested that she pull, if there was something in there that had send Tony out to the naval supply warehouse on his own then she couldn't see it. It was a cold case, stalled going nowhere and...

'KATE,' she jumped slightly as she heard her name called and turned to see Abby come charging into the office looking frantic. 'Oh my God,' she spluttered. 'I just heard. What happened. How did it happen. How is he?'

Kate sighed. 'Tony was shot and savagely beaten. He was undertaking lone surveillance of a naval supply warehouse that was robbed last night so obviously he was discovered and paid the price for that,' she sighed again. 'He's not good,' she looked across at Tony's desk almost imagining him there giving her a cheesy grin as he glanced up from the computer. 'It's not looking too promising at the moment Abs.'

'Oh God,' the Goth girl shook her head. 'That is just so wrong but why was he out there on his own? I mean think about it Kate. You can say a lot of things about Tony but taking that sort of risk isn't one of them, at least I don't think so. He'd know it would be getting on Gibbs bad side so much and...'

'DAMN IT,' both women jumped as Gibbs shouted curse startled them and a cell phone went hurtling past, barely missing Abby and smashing into the desk.

'Ahhh something wrong Gibbs,' Kate ventured to ask.

Gibbs fixed her with a hard look. 'He left me a message, Tony left me a message on both the home and cell phones. He told me what was going down, he was looking for backup and damn it I was too bloody busy with my freaking boat to take the calls.' He was angry at himself, well furious was more to the point. 'I deliberately put the phones where I couldn't hear them, Tony even says I guess you're working on the boat or fallen asleep down there again. I hope to get some good shots and then we can nail these thieves hey.' It was almost as if Gibbs had committed the message to memory. Gibbs turned to Kate. 'Did he try to contact you.'

'No,' she shook her head. 'There were no messages on my cell or home phones but,' she blushed slightly. 'I had a date last night. Tony knew about it, I guess he didn't want to disturb me.'

'Well that explains why he ran solo,' Abby chipped in. 'But one thing guys don't you find it strange that whomever did this to Tony didn't finish the job. From what you told me Kate it was an up close and personal attack. Tony would be able to identify those who did this too him so why leave the job unfinished?'

'Maybe they thought he was already dead,' Kate's brow creased slightly. She could see where Abby was coming from.

'Either that or they got sloppy,' Gibbs picked up the cell phone and sighed. It was fritzed well and truly and putting it on the desk he turned and crossing his arms looked at the two women. 'I'd say they got sloppy because if it had been me in their position I'd have made sure that my victim was dead with a couple of bullets to the head even if it wasn't necessary. Better for overkill and be sure then to end up sorry.'

'Whoa Gibbs thank God it wasn't you who attacked Tony then,' Abby shook her head. 'And remind me never to get on your bad side.'

'Never Abby,' Gibbs told her with a forced smile. 'Kate,' he switched his attention to Todd. 'What do we have in those files that might shed some more light on DiNozzo's hot tip.'

'Nothing boss,' Kate sighed.

'Well next time he gets a hot tip lets hope its running at Churchill Downs or Santa Anita ,' Abby muttered trying to lighten Gibbs mood but knowing it wasn't really going to help and she was right, Gibbs ignored her comment, it was like she'd never even spoken.

'Damn,' he thumped the desk hard. Gibbs was beating himself up and both women could see that. He was feeling as if he should have been there for Tony when he called and in a way Kate was feeling the same way, she was wishing that Tony hadn't done the chivalrous thing and that he'd called her. She had had a wonderful evening with Pete and she wouldn't have been pleased to have received such a phone call had it come but if it had made the difference to Tony sitting here in the office and him lying in a hospital dying she knew with hindsight which she would have preferred

'Jethro,' Gibbs glanced across at the elevator as Donald 'Ducky' Mallard came hurrying out. 'I just heard the news about Tony. How is he.'

'Not good Ducky,' Gibbs shook his head. 'Kate fill Ducky in I've got something I have to do.' he walked over to his desk, sat down and punched in some numbers and waited for the person he was calling to answer

'I'm arranging for a twenty four hour guard on Tony's room,' Gibbs told those in the room, knowing they wanted to know what was going on. 'If his attackers got sloppy or thought he was already dead then the moment they realise they job hasn't be completed then they'll probably have another crack at finishing the job and I'm not going to give them that opportunity,' he stopped as his call was answered and several minutes later he hung up the phone. 'Done,' he nodded standing up 'I'll be back soon,' he turned to Kate. 'I want you to run down the name Johnson through the data base. Tony said in his message that Johnson has come up with a lead. I have no idea who Johnson is and I want him tracked down.'

'Oh dear Jethro,' Ducky pushed his glasses up his nose slightly. 'Couldn't have been a more common name could it.'

'Yeah it could have Ducky,' Gibbs told him as he left the office. 'Brown Jones or Smith would have been worse, KATE'

'You want it yesterday,' Todd finished for him and he nodded at her before he left the room.

'So Kate what is the extent of Tony's injuries,' Ducky asked and listened intently as Kate told him what the doctor had told them.

'Oh My,' Mallard shook his head. 'Not Good. Not good at all.'

'Hey come on Tony's tough guys,' Abby tried to get some positive vibes going. 'You think he's going to check out on us as easily as this.''

'It is possible from what Kate has told us Abby,' Ducky said sagely. 'Very possible although you are quite right Abby we must try to remain positive. While there is life there is hope.'

'But what if he doesn't make it Ducky,' Kate asked, almost afraid of the answer.

'Well then we'd have to go on Kate,' he put a hand on her shoulder. 'You do care about him don't you. I can tell that you do care about him and,' he glanced at Tony's empty desk. 'Miss him already. Place wouldn't be quite the same without him would it.'

'You're right Ducky,' Kate forced a smile ' Place wouldn't be the same if he wasn't here,' we just can't let him know how we feel when he gets back. I mean how much we really missed him, If we did we'd never hear the end of it, you know how he tends to go on at times.'

'Good on you Kate,' Abby punched the air. 'You just said when Tony gets back you're picking up on the positive thinking.'

Kate nodded as she turned back to her computer to try and track down the mysterious Johnson. 'Oh guys,' she suddenly remembered a question she wanted to ask and both Abby and Ducky stopped and looked back at her. 'What is it with Tony's parents? Why aren't they here?'

'I think you'd be better to hear that answer from Tony himself,' Ducky told her. 'It isn't my place to say.'

Kate looked at Abby who shook her head. 'Sorry you'll have to ask him.'

Kate was frustrated everyone obviously knew except her. 'I just don't understand. Their son is in the hospital dying and it's like they don't care.'

'As I said Kate I wish I could tell you but I can't,' Ducky said. 'I'm sure considering the circumstances Tony will tell you when he's recovered. Come on Abby, Kate has work to do,' Ducky said and the pair left.

*If he recovers* Kate blinked back the tears that threatened again. *Damn you Tony* she glared at his desk then wiped at her eyes and started to search for the unknown informant named Johnson.

 


(4)

 

It was late afternoon, the sun was disappearing behind the horizon and Kate had come up with exactly 70 possibilities for the mysterious Johnson. Well it could have been a lot worse she reasoned as she stood and stretched the kinks out of her body, rolling her shoulders and her neck. She'd already excluded one third of the list and it was getting late, maybe she should try to contact the rest of them in the morning. She looked at the clock. Gibbs still hadn't returned and she couldn't help but wonder where he'd gone, he hadn't told her where he was going, she cast a glance at the shattered cell phone on the desk, and she naturally couldn't contact him.

With a sigh she closed her folder, picked up her jacket and switched off her computer, maybe she'd swing by the hospital on her way home, see if there was any improvement in Tony's condition since this morning. Heading toward the elevator she looked across at DiNozzo's empty desk, yes Tony could be a pain and there were times when he certainly didn't act his age and yet he was a good Agent, a friend and a colleague and the place wasn't the same without him around. It also disturbed her that his family hadn't come to the hospital. She just couldn't understand that, family was family after all, although from the sounds of things Tony's folks had obviously cut all ties with their son and Kate couldn't help but wonder what on earth he'd done to deserve that.

Stepping into the elevator she rubbed at the back of her neck and pushed the button. Yes she would drop by the hospital, just spend a few minutes with him even though he wouldn't know she was there, which was good in a way as he might get the wrong idea if he did. However she wanted to go, somebody had to care, nobody deserved to be laid up in hospital in critical condition with nobody to care about them.

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

Thirty minutes later she was showing her credentials to the officer who was posted at the door, he checked his clip board and nodded her through, Kate noting that three DiNozzo names appeared on the list obviously on the off chance that one or all of the family would make an appearance to see their stricken son and brother , although from what Gibbs had said that probability seemed highly unlikely.

Entering the room she paused in surprise to discover Gibbs sitting beside the bed of his injured agent. So he did have a heart after all, he did care and obviously liked Tony despite DiNozzo believing otherwise. Then again was it just guilt that had driven Gibbs to be here, afterall Tony had tried to contact the boss before heading out alone and ending up in his current condition.

'Gibbs,' she acknowledged him. 'How long have you been here.'

'Not long,' Gibbs looked up at her. 'It's not doing Tony any good having any of us sitting here on our backsides instead of being out and trying to find the person responsible for this. Any luck with Johnson.'

'I'm still running them down,' she told him pulling up a chair to sit beside him. 'What about you?'

'I went out to the site where they found him. Completely destroyed by the rain, everything was gone, not even a muddy footprint was salvageable.'

Kate nodded and the pair sat in silence, the only sound in the room, the hiss, buzz and beep of the machines Tony was attached to.

An hour later Gibbs turned to Kate. There hadn't been much conversation between the pair anyway, each had been lost in their own thoughts as they sat there. 'Lets go home,' he said. 'We've got to make an early start of it tomorrow.'

'That sounds good to me,' they both stood said goodnight not goodbye to Tony, for goodbye would almost seem like an final salutation, and neither looked back at the man on the bed as they left the ICU ward.

'We're getting an extra man tomorrow,' Gibbs told her as they waited for the elevator. 'Temporary assignment of course.'

'Of course,' Kate agreed but part of her was scared. Scared because after what she'd just seen in that room, she was almost convinced that there very easily could be nothing temporary about the Agent who would joining them tomorrow.