Out of a Texas Night

by Phyliss Miranda

  “Okay, let’s stop at the Flying R truck stop coming up, so we can talk,” she said.

  “That’s a good idea. I need a cup of coffee since I can’t drink on duty.” His tone sounded flat and pointed.

  After they settled in a booth across from one another, Brody ordered coffee and Avery hot tea. The only sounds being made were the noises of the truck stop.

  “Okay. You were right about not trusting anybody in the department. And now I know why.” He took the spoon off the saucer and put it on his napkin. “Do you want to go first?”

  Not sure whether the words could come out or not, Avery began, “Brody, I’m sorry that I didn’t tell you this before now, but I came to Kasota Springs with a heavy heart and very damaged.” She couldn’t look him straight in the eyes, so she focused on the clock on the wall. “I figured sooner or later you’d learn about what happened in Houston either through gossip or through the internet.” She turned her eyes down straight into Brody’s face. All she saw was a questioning look in his eyes and a face without any expression.

  “I’m not following you, Avery,” he said. “I rarely look at the internet, as it has a lot of nonsense and misinformation.”

  “I understand. There’s more to the story than you’d ever read on the internet, and you can’t depend on gossip. But, I do want to explain.... I’m guilty. I got my partner killed because he was trying to protect me and I froze. I couldn’t get off the shot, and—”

  “Avery, I don’t know what you’re talking about. You’re not the problem, and I haven’t heard any gossip. Since you started, tell me whatever you want me to know.” He got up and moved across to the bench where she sat. Resting his arm across the back, he took her hand. “I’m here for you and always will be.” Her mind went into a whirl and her heart beat out of control. The feel of his hand holding hers seemed to settle her stomach.

  For what seemed like an eternity, she told him everything about the death of her partner, Lee. For the first time since the incident, she talked about what happened with emotion but not the feeling of guilt. She spoke to him as one peace officer would to another after a crisis. Almost in a therapeutic way.

  After she finished, she turned slightly toward Brody and looked into the most sympathetic eyes she’d ever seen in her life. Suddenly, he lowered his head and kissed her lightly on the lips.

  “You have no idea how much it means that you shared your experience, fears, and guilt with me.” He kissed her again but this time he lifted her hand to his lips. “You do realize you could have gone through your whole career without divulging any part of Lee’s death?”

  “Eventually someone would have found out, and then I’d might be fired. From the looks of things, Deuce could be back in the saddle before the next general election. I’m so thrilled.” Relief for telling Brody about Lee overwhelmed her, as her heart pounded even harder than when she began her story. “But, I do want to make sure you realize that when I went back to Houston for those two days, although I did need to check on my apartment, I also received my final clearance to go back out in the field. All restrictions were removed and I was deemed able to return to active duty. I’m happy to be interim sheriff, but hope and pray Deuce will return.”

  Brody kissed her hand again and returned to the bench across from her. “What will you do if that happens?” He didn’t wait on a reply. “Can you accept being the second in charge?”

  “Well, first off, you’re assuming a lot. There’s still Chief Deputy Scott in that spot, so I’d be happy being just a deputy.”

  “You’re not going to have to worry about Danny Scott.”

  Not sure she understood what Brody meant, she turned her head from side to side. “Why wouldn’t I have him to worry about?”

  Patiently she waited for his response, which took a few seconds, as if he needed to weigh each word carefully. “First off, you may fire me when I tell you what I did—then there will definitely be an opening.” He took a gulp of his coffee, which now had to be only lukewarm.

  “We promised no secrets, so let loose. Right now I’m still in the position to hire and fire, so don’t you dare pull that crap about putting your service weapon and badge on the table. You’d scare the living crap out of the people in here.”

  “Deuce told me who tried to kill him, and I took some actions you might not approve of, because they should have been your call...not mine.”

  Avery thought she might choke on her tea. “What in the hell are you talking about?”

  His eyes darkened with emotion. “Deuce told me that Danny Scott tried to—”

  “Kill him!”

  Brody nodded his head then closed his eyes, as if he didn’t want to see her expression.

  “On my God.” She reached for her purse. “I’ve got to call—”

  It was his turn to interrupt her. “No. Let me explain. Scott didn’t show up for his shift and nobody, including me, could locate him. Raylynn called and told me. She also said Rocky and Jessup located his county SUV in the parking lot, so they went out to his house. He was nowhere to be found. Mail was there, plus two newspapers and they said the neighbors hadn’t seen him for several days. Now this is where I took liberties that should be reserved for you and you alone.” Again he took a sip of coffee, probably waiting for her response.

  The shock of what Brody had said so far almost made her dizzy. She rubbed her throat, hoping to dislodge the burning sensation she felt before she touched her lips. If she could make it to the ladies’ room she would, just to have time to let everything Brody said sink in, but that wasn’t possible. She must hear the remainder of what she had to know.

  “So what liberties did you take?”

  “I know I’m trying to justify going over your head when I shouldn’t, but as you know I’m a very proactive type of officer. I saw the time flying by, and we need a search warrant, so I called Judge Humphrey—”

  “My Uncle Charles?” She realized her mouth flew open with surprise, but after a quick second thought she realized he’d done what he should have under the circumstances. Rainey didn’t need to be upset any more than was necessary.

  “Yes, your uncle, but I thought time was of the essence.” He looked down at the table and back up at her.

  “Okay. Let’s not get into the who should have done what. You have that authority and took action when it was timely. So, go on.” She crossed her arms across her chest, knowing she should be peeved but wasn’t.

  “While you and Rainey were gone, Deuce said Scott and when I asked him if Scott had hurt him, he whispered, Murder. That’s when I realized Danny Scott didn’t just try to hurt him, but made a deliberate attempt on his life.” Brody twisted his coffee cup a tad.

  “My mind is going crazy, thinking back over the timeline and the evidence missing from Scott’s notes.” The desire to get back to Kasota Springs and begin further research began to consume her, but she mustered up, “You did the right thing about getting a search warrant. Let’s get out of here before it’s too late to go by my uncle’s chambers. Guess I need to call him Judge Humphrey henceforth.”

  “No, I don’t think so. He’s still your uncle. Just like you told me, what is said behind closed doors and how you address someone in public is different.” He pulled some bills from his pants pocket and laid them on the table. “Let’s get out of here.”

  Regardless of how hard Avery tried to digest the information, she felt as trapped as a fly on sticky paper.

  “Brody, you realize the word of a person in Deuce’s condition isn’t enough to file charges or arrest Scott, so we have to have someone, anyone, who might know something. To confirm Deuce’s accusation. Or at least have plenty of reason.”

  “I know.”

  Once they were on the road, she made two calls. One to her uncle, where she told him they’d be back in town in an hour. The second, using the speakerphone, a conference call with Robertso
n and Jessup, asking them to begin a search around town for Scott. She made a point not to tell them why. Surprise hit her hard when Jessup said, “I think I know why we can’t find him.”

  “What do you think?” She found it hard to ask the question.

  “Sylvie told me that when she was at the hospital earlier, Deuce was being taken out of his coma and had whispered a few words. I don’t know why Scott didn’t show up for work, but I suspect he’s afraid of what might happen to his position once Deuce is able to talk. He likes his job too much—rather, he’d love to have your job. The one he thinks he was passed over for.”

  “I’m losing you guys, but you might be right. We’ll be back in town very soon.” She disconnected.

  “So? What do you think?” she said again.

  “I think they know exactly what is going on.” He seemed to have relaxed a bit. “I guess Rocky won’t ever forget his first day on the job.”

  “With his investigative tendencies, he probably had it figured out without a timeline. He’s one cool dude,” she said before testing the waters. “I’ve been giving thought to talking to Tommy Mitchell. I believe he knows more than he’s telling. Probably is afraid Scott would pull him in as an accomplice. It’d be the word of a kid fresh out of the slammer versus that of a peace officer.”

  “Remember the whiteboards?” He flashed a whimsical smile at her, obviously changing the subject. “How about after we go pick up the search warrant? I have to sign the affidavit anyway and see what Jessup and Rocky have found out; then we can make a jaunt over to my sister’s café. We could go to the storage building and get the boards. It’ll also serve as an excuse to talk with Tommy.”

  “Sounds good to me. I know we’ve got to get more proof if in fact Scott is involved, or we can’t arrest him. I’ve got so many thoughts running through my head that I can’t even think straight.” She swallowed hard before continuing, “That’s a really good idea. Clearly a new timeline posting from scratch would provide an assurance that we have the right perp.” She closed her eyes and in a low voice said, “I never thought I’d ever have to use that word on one of our own. I hope to hell the deputies locate that bastard Danny Scott.”

  “You’ve used more profanity today than you have the whole time I’ve known you.”

  “You ain’t seen nuttin’ yet!” A tad of relaxation hit her, but not enough to clear her muddled mind.

  Avery’s phone began to ring with the tone she’d set for the sheriff’s department. Quickly, she grabbed her purse, retrieved the phone, and answered.

  After listening to the dispatcher, she said, “Do not under any circumstances let him leave. Take whatever actions necessary to detain him. We’ll be there in just a few minutes.” The dispatcher acknowledged, then Avery reiterated, “I mean under no circumstance is he to leave.”

  Chapter 22

  Brody wished he and Avery had taken one of the county vehicles with lights, because he would definitely be lighting ’em up to get to the office faster…and he hadn’t even asked Avery for detail about how Danny Scott had gotten to the office.

  His thoughts wandered between Danny Scott and the shocking information that only a couple of words from Deuce confirmed so much.

  From the look on Avery’s face and the way she fidgeted with her phone, he had little doubt she wanted to be left with her thoughts.

  Not able to stand it any longer, he asked, “Scott turned himself in?” Brody tried his hardest to keep his mind on his driving.

  “I only wish,” she eventually said in a hoarse voice and waited for what seemed like an hour to continue, “Brody, I can’t tell you what’s going on right now. When we get to the station, you will understand.” She crinkled her brow. “It’d be irresponsible of me as interim sheriff to tell you anything right now. You’re too close to the investigation, and I can’t take a chance on compromising the case until I find out more.” She looked straight at him, and he glanced her way. “I’m so sorry; I only wish I could tell you what is going on. Brody, if you don’t believe another word I say, please have faith in me that it has nothing to do with trusting you. It’s me trying my best to follow the letter of the law.”

  A painful tightness hit his throat. He opened his mouth but no words came out. He felt a shock of disbelief thinking Avery would cut him out of Scott’s investigation.

  A weary, tense quietness filled the air in the cab of the pickup, while Brody tried his best to think things through about Scott without dredging up history that would serve no purpose.

  The remainder of the drive intensified as Avery pilfered through her purse and applied lipstick but mostly remained silent, looking straight ahead with her hands in her lap.

  Once they pulled into the courthouse parking lot, Avery said, “Brody, I don’t expect you to understand, but please come with me to get the search warrant for any and all of Scott’s property. Plus, you’ll have to sign the affidavit, since you heard what Deuce said that implicated Scott.”

  After picking up the paperwork, Brody and Avery went down the back stairs and walked a few feet toward their department’s entrance.

  “I know this is strange, but I don’t want anyone in the department to know about the warrant, so walking across the hall is out,” Avery explained.

  The moment they arrived at the sheriff’s department, they were met at the back door by Deputy Jessup. “He’s in Room One waiting on you.”

  “No problems detaining him?” Avery asked.

  “None.” Jessup turned and over his shoulder said, “He was very compliant…to my surprise.” He continued toward the main offices.

  Feeling exhausted and strained to the limits, not to mention having a roaring headache, Brody asked, “So, what’s the plan?”

  “Until I find out exactly what he has to say, I’d prefer you not to be in the room. Your presence likely would intimidate him, and he may clam up. Of course, he knows there’s a one-way window and all he’ll have is my word that whatever he has to say is between the two of us.” She looked straight until Brody’s eyes and without a word made it clear she expected him to honor her requests. “Our conversation will be recorded, with his permission of course.”

  To his surprise, the sheriff continued, “ Again, I just don’t want anything to jeopardize the investigation of Deuce’s injury—”

  “Attempted murder,” he corrected.

  “Duly noted.” Avery went directly to her office and reappeared with a legal pad, several pencils, and a recorder. “Okay, it’s time to you-know-what or get off the pot.” She touched Brody’s arm as she brushed by him to go down the hall that led to Interrogation Room One.

  Brody mulled over Avery’s comments and decided he’d watch the interrogation. She had not given him a direct order. He poured a mug of coffee and walked to the observation area that covered the two interrogation rooms. He took a seat, looked up, and nearly dropped his drink.

  Sitting across from Avery was none other than Tommy Mitchell.

  “What the hell!” A tightness seemed to rush all the way to his toes. He took a deep breath before he looked back into the room.

  Brody rubbed the back of his neck and allowed a number of feelings to run wildly throughout his body as well as his mind.

  Avery began by introducing herself and obviously made every attempt necessary to make Tommy comfortable.

  “I see you have a Coke. Do you need anything else?” She opened her notepad. “Some cheese and crackers, maybe?”

  Tommy shook his head and politely said, “No, thank you, ma’am.”

  Brody shifted in his chair, but to his surprise instead of slumping down like a guilty child, Tommy sat up straight and looked the sheriff directly in her eyes. He folded his hands on the table.

  “Sheriff Humphrey, there are some things you need to know, and I think, no, I realize, it’s time that I come clean with you.”

  “Thank you, Mr
. Mitchell—”

  “Tommy, please, ma’am.”

  “Okay, Tommy, take your time. As I’ve explained your rights, this is being recorded with your approval, and you don’t have to talk with me without your lawyer being present.”

  “I don’t need one, because I don’t think I’ve done anything wrong except not to tell Sheriff Cowan the truth. You probably don’t know, but after I was detained, as you all call it, by Deputy Scott for trespassing on the Jacks Bluff, the sheriff put me through a fierce grilling and what I’d call a talk that really gave me food for thought.” He rubbed his forehead. “Sheriff, I don’t want to go back on the inside. I’ve really tried to change my life and do the right thing. I’ve even got involved with a prison program over at the Clements Unit in Amarillo, so maybe I can make a change in the lives of some of the younger inmates. I owe it all to Sheriff Cowan, and, don’t let him know, but the faith that I’ve seen Brody put in me.” He lowered his eyes, obviously in an attempt to hide the tears.

  “Tommy, I know it’s hard on you to tell me all of this, and I truly appreciate it. I can certainly see you’ve come to us in good faith. Sure you don’t want anything before we begin?”

  “No, ma’am. I just want to get this over with.”

  “Okay, let’s get this show on the road.” She gave him a sweet, yet professional, smile.

  “Ma’am, this is really difficult, but I’ll try my best to tell you what you need to know and I’ll take whatever punishment I deserve for not coming to you earlier.” His shoulders drooped, then he sat up straight. “I was at the café one day cleaning up. Not long before Sheriff Cowan’s uh, injury. Deputy Scott came in, and we struck up a conversation. It seemed kinda like he picked me to strike up a conversation. One of the things that stuck in my mind—and certainly I’m one hundred percent responsible for—is that he told me about the PCP kept in the vet’s offices at the Jacks Bluff.” He began to rock backward and forward.