Criminal Negligence

by Danielle L Davis

  The sliding-glass door stood open.

  “Josh?”

  I dropped my load and raced out the door.

  Oh no!

  Josh was splashing around in the pool. In the deep end!

  Shit!

  He sank, then broke the surface. Head up, splashing arms.

  “Josh!”

  If I jumped in, I’d drown us both. Frantic, I searched for something to hold out for him to grab.

  “Aunt—” His head disappeared beneath the surface again.

  I found a rubber raft and tossed it in. It didn’t reach. On the patio, I saw a floating chair, blurred by my tears.

  No choice, I had to go get him.

  Damn!

  Holding tight to the chair, I hung my feet over the pool’s edge, took a breath, and eased myself into the water. I clung tight to the chair and the pool side. Josh continued to flail. Water splashed around his head. My pulse thundered in my ears, and I could barely hear him.

  “Help!” he spluttered, reaching for me. “Aunt Syd …”

  He’d grown tired, couldn’t stay afloat.

  No!

  The terror in his eyes—scared to death. Me too.

  I let go of the side of the pool and slipped lower. Water covered my head. Tasted of chlorine. I gagged, swallowed some. I was drowning, but Josh. Little Josh!

  I panicked. Sputtered. Coughed. Couldn’t catch my breath.

  Josh threw out his hands and tried reach me.

  I didn’t know how to maneuver. I released one hand, and the chair continued to float in front of me.

  Josh splashed and bobbed. Water erupted around him.

  I grabbed water, pulled, kicked, moved myself and the chair forward a little. My legs and feet felt jerky and awkward, but I kept kicking and pulling water with my free hand.

  Moving closer. Closer.

  I flailed until I was within reach.

  Terrified, exhausted, I plowed on, pushing the chair ever closer to him. He grabbed it and took it under with him, ripping it from my hands. I sank, too. Kicked and brought us both up, but I took in more water and choked. Acid burned the back my throat. The water blinded me.

  I held on to a wriggling, kicking, screaming Josh. We both sputtered, coughing water and air.

  Terrified and weak, I looked up and around.

  Fractured images of sky, water, the edge of the pool … far away … too far away. Fatigue weighed heavily on my arms and legs.

  We both flailed, making some progress. I couldn’t keep myself afloat and coordinate Josh’s movements. He clutched at me. His nails dug into my skin, scratching, kicking.

  I tired but kept moving … slowly, inch by inch. Moving through treacle. Somehow, I hadn’t moved in a straight line. My feet touched the bottom.

  The bottom!

  I walked! Holding Josh overhead, I actually walked, pushing him ahead of me. Holding him high above the water.

  Something hard hit my hand. The side of the pool!

  Yes!

  I grabbed hold and pulled us closer, gripped tight to the textured tile. Josh had grown so tired he was no longer thrashing. Crying, he gasped for air and held on, his hands entangled in my hair.

  “Josh?”

  He looked at me, eyes wide and lip trembling, his skin pale. “I’m scared, Aunt Syd.”

  “I’m going to lift you out of the pool now.”

  I heaved him onto the patio and climbed out after him. He lay in my arms, shivering, still holding the chair. Then I turned away and vomited in the grass. He said something, but I couldn’t make out his muffled voice through the ringing in my ears.

  “Sydney!”

  I looked toward the voice. Brad raced across the patio toward us.

  “What happened? Sydney, what happened?”

  “He was in the pool—can’t swim.” I turned away and dry heaved. When I finished, I went to Josh, bent down, and reached for him.

  “I’ll get him.” Brad nudged me aside and picked him up.

  I leaned forward, hands on my knees, shaking. The water in the pool wasn’t as warm as I thought it was going to be.

  “You’ve got to get in the house. Change clothes and warm up. You’re shivering.”

  Brad held me around the waist and guided me inside. He placed Josh on the sofa, and I plopped down next to his head and touched the drenched curls plastered to his scalp. He gazed at me, eyes still wide. I pulled him onto my lap and rocked him. We both let the tears flow.

  How could I have let that happen?

  “I found these on the floor over there.” Brad handed me the towels I’d dropped earlier and set the sunscreen on the coffee table. “Where can I find more towels?”

  I pointed to the hall, barely able to lift my trembling arm. “Closet. On the right.”

  He rushed down the hall and returned with an armload of bath towels. He handed me a couple, and I dried Josh’s arms and legs, and then his hair.

  “He’s shivering. Let’s get him in some dry clothes. Where’s his room?” Brad asked.

  “The one next to the closet.” I rubbed Josh’s arms and legs to warm him up while Brad found the clothes.

  “This should help.” He had Josh’s pajamas and blanket. The blanket was still damp from Josh having wet the bed during his nap. Still, it was better than nothing.

  How much could a little kid possibly have peed?

  “His feet are freezing.” I rubbed as he peered up at me through watery eyes.

  “I’ll get some socks,” Brad said, heading back to Josh’s room.

  I removed the swimming trunks and pulled on his pajamas.

  Brad handed me the socks. I put them on Josh’s feet and carefully wrapped him in the dry part of the blanket. He lay in the cocoon I’d made for him.

  “I need to change, too. Josh, I’ll be right back. Okay?” I picked up his swimming trunks and stood on rubbery legs.

  With Brad keeping an eye on Josh, I left our wet things in a pile on the bathroom floor and pulled on some dry clothes. My headband encircled my neck like a soggy necklace. I tugged it off and tried to run my fingers through my hair. Too tired to do anything about the tangles, I used the headband to hold a loose ponytail. Then I carried another blanket to the living room and cuddled Josh while Brad made us a warm drink.

  I held onto a quiet Josh. He’d calmed, but I could tell he wanted Mommy and Daddy. I’d almost lost Mac’s baby and needed to call her. Would she ever forgive me? Would I forgive myself?

  A few minutes later, Brad returned to the living room carrying two steaming mugs. He handed one to me. “I found some hot chocolate packets. I didn’t make his as hot … it’s warm and milky.” He held it for Josh while he drank.

  I sipped. “Thank you. This helps.” Tears stung my eyes.

  “We need to have him examined in case he swallowed water,” Brad said.

  Josh seemed okay, but I didn’t want to take any chances. “Should we take him to the hospital?”

  Brad nodded. “Best to be sure.”

  I shuffled to my room and put on a pair of thick socks and my running shoes. My feet were cold. Mac had left an envelope on my dresser containing Josh’s emergency medical details and his pediatrician’s contact information. I slid Josh’s insurance card into my wallet and slung my purse over my shoulder.

  Brad picked up Josh. “I’ll drive. San Sansolita Memorial?”

  I nodded. “I’ll call Mac once we find out how he is.”

  I figured he would be fine, and it would be better to give her good news with the bad. Brad buckled Josh into his car seat and drove us to the emergency room. I nearly fell asleep on the way, but I couldn’t stop thinking about what would’ve happened if I’d taken a little longer to find the sunscreen. I’d never felt as helpless as I had when I saw him in the pool, drowning.

  13

  The ER doctor told us Josh was fine and released him right away. He fell asleep on the way back home. Brad carried him from the car and held him while I changed his bed linens. Brad put him in bed, and
I covered him with a clean blanket. I’d found my cell phone on the bed and slid it into the pocket of my sweats.

  Sitting on the edge of the bed, I kissed Josh on the forehead. “I’m so sorry, Josh. I should’ve gotten out there sooner.” I swallowed my tears and stood.

  I turned toward the door. Brad was leaning against the doorjamb. He held out his arms, and I rushed into them. I sobbed for a while before he led me into the living room.

  This man might be a keeper.

  We sat on the sofa for a while. He brought me some water, and I drank very little—I’d had my fill of water for the day. I took my phone out of my sweats, took a deep breath, and dialed Mac.

  “Hi, Syd! We just got back from a show. It was fabulous!” Mac said. “How’s my little boy? Is he behaving himself for his favorite aunt?”

  I was his only aunt.

  I swallowed and took another deep breath. “He’s fine, Mac. But we had an incident.”

  “What kind of incident?” Her voice was eerily calm. I couldn’t even hear her breathing.

  “He was in the deep end of the pool—”

  “What? Is he all right?”

  “Yes, he’s okay. We took him to the hospital and had him checked out. They said he’s fine.”

  “We took him to the hospital? Who was with you?”

  “Do you remember, I told you Brad would be here?”

  “Sydney, how did Josh get to the deep end? Weren’t you and Brad watching him?”

  “Brad wasn’t even here at the—”

  “But you just said you both took Josh to the hospital.”

  I told her everything.

  In the background, Mike asked if they should leave. He’d only heard her side of the conversation. I waited for them to finish talking.

  Brad sat beside me, held my hand, and stroked my arm. I felt myself tearing up again. He kissed my cheek and whispered in my ear. He said, “It’s going to be okay, Sydney. I promise,” and I believed him.

  Mac came back on the phone. “Sydney, we’re going to leave as soon as we can. Thank you for taking care of him. I’m glad you’re okay, too.”

  I tried to swallow. “Mac ...”

  I couldn’t get the words out. Tears formed. I sensed Brad watching me. He caressed my arm. I swiped at an escaped tear. My nose ran, and he pushed a tissue into my palm.

  “Syd?” Mac asked.

  “I should’ve made sure Josh heard me … before I went looking for the sunscreen. Oh, Mac. I’m so sorry.”

  “Syd, listen to me.” I almost felt her gripping my shoulders through the phone. “Josh knows he’s not supposed to get into the pool without adult supervision. He knows.” She sighed. “Don’t beat yourself up. We should’ve installed a fence around the pool ages ago. Mike and I share the blame here. Okay? We’ll see you in a few hours. And thank you for taking care of my little boy. Please, thank Brad for us, too.”

  “I will. Mac, drive carefully. Good night.”

  I disconnected. Brad took the phone and set it on the coffee table. “Are they leaving Vegas?”

  I nodded. “She asked me to thank you.”

  “Not necessary.” He touched my cheek, caressing under my eye. “You’re going to have a heck of a black eye in the morning.”

  I traced the trail where his finger had been. “I guess Josh got me there a couple of times.”

  He gazed at me. “Do you want me to go?”

  I shook my head. “Please don’t.”

  Someone tugged at my clothes.

  What? Brad?

  “Aunt Syd! Aunt Syd!”

  I opened my eyes. Boy, did they sting! It was morning and Josh tried to climb onto the sofa recliner I was sharing with a still-sleeping Brad. I reached over, got a grip under Josh’s arms, and tugged. “Ouch!” I almost let go.

  “What’s wrong, Aunt Syd?” His brow wrinkled as he settled on my lap.

  “I’m sore.”

  Everywhere. Why? The pool. Trying to save our lives. Good reason to be sore.

  “Aunt Syd?” He gazed at me.

  “Yes, Josh?” I smiled, taking his hand in mine.

  “You look like a raccoon.” He put his other hand over his mouth and giggled.

  Brad stirred then opened his eyes. “Hey.” He smiled.

  “Hey yourself.”

  “What’s your name?” Josh asked.

  Darn it—I hadn’t introduced them. With all the activity, it’d never crossed my mind.

  “Josh, this is Mr. Brad.”

  “Hi, Mr. Brad.” Josh snuggled into me, peeping at Brad with one eye. “Are you Aunt Syd’s boyfriend?”

  Josh peered at him expectantly. Brad and I laughed.

  Brad cleared his throat. “I’m trying to be.” He glanced at me and smiled. “How are you this morning, Josh?”

  “Hungry!” He scrambled to the floor and tugged my hand. “Pancakes, Aunt Syd!”

  I moved the blanket aside and, with a lot of effort, pushed myself up. I looked back at Brad. “Wanna help?”

  “Sure. What can I do?”

  He rose from the recliner more easily than I did and we headed to the kitchen. I removed a carton of eggs, milk, and turkey bacon from the fridge. I gathered the ingredients for pancakes and put them in a bowl. I set Josh on the island and let him stir the pancake batter, then I turned on the griddle. While Brad cooked the bacon, I made the pancakes. Josh watched from his perch.

  Before long, we had a mountain of turkey bacon and far too many pancakes. Brad set the table as I scrambled the eggs.

  “Mommy!”

  I spun to see Mac in the living room. Josh looked for a way to get down from the island. I set him on the floor, and he ran into Mac’s outstretched arms. She picked him up and hugged him tightly as he clung to her, his face buried in her neck, his legs wrapped around her waist. Mac’s hand cupped the back of his head. With her eyes closed and a slight smile stretching her lips, she swayed and kissed him. When she opened her eyes, her gaze found Brad. Her eyes shone with tears.

  “Thank you,” she said.

  Brad nodded and smiled. He came to me and took the spatula from my hand. While I was watching Mac and Josh, the eggs had started to take on a brown tinge. He flipped them then slid them from the pan into a serving dish.

  Mac put Josh down and whispered something in his ear. He smiled, his eyes wide. Then he ran down the hall, screaming, “Daddy! Daddy!”

  Mac hugged me. “Thank you, Syd.” She pushed stray strands of hair away from my face, the way Mom used to do when I was a child. I must have been a mess. Suddenly embarrassed, I tried to smooth my curls as I glanced at Brad, who was setting the food on the table.

  “Are you okay, Syd?”

  “I’m so sorry, Mac.”

  “Syd, it’s fine. You’re both okay.” She leaned toward me, raising her brows as she smiled. “He’s cute,” she whispered.

  I felt self-conscious.

  She pulled my hand away from my hair as I tried to make myself look presentable. “Would you stop with that? You look beautiful.”

  “I do?” I hadn’t even brushed my teeth or done a thing with my hair, which surely resembled a bird’s nest.

  She nodded. “I’m going to get Mike.” Mac glanced at the table. “Is there enough food for us? We got in late last night, and we’re starving.”

  “There’s plenty. We could feed a football team.” I smiled.

  All was well. I reached into the cabinet for two more plates and walked them to the table. Brad had already set their places. I shook my head. As usual, he was one step ahead of me. I toasted and buttered whole grain bread, set the stack in a dish, and placed it in the center of the table before Mac, Mike, and Josh returned.

  We gobbled up our breakfasts and talked about Mac and Mike’s Las Vegas excursion. They’d seen a show and lost a little money. Eventually, the conversation led to real estate. Mac picked Brad’s brain, and they seemed to hit it off right away. She asked loads of questions about property staging. Apparently, she’d soaked up a few HGTV
shows and wanted to know how much was true. An accountant, Mike showed an interest in the investment strategies of house flipping and said he’d thought about it but didn’t have the construction skills to do the work himself or supervise others. He figured he would make less money if he had to contract out most of the jobs, and he wouldn’t know enough to determine if the contractor was any good. Mac stared at Mike while he spoke—as if she were hearing of his aspirations for the first time. Brad shared his knowledge and occasionally included Josh in the conversation. I told Mike and Mac that Brad used to be a lifeguard and suggested he could teach Josh to swim. Brad nodded and said he was happy to do that.

  “Maybe he could also teach you how to swim.” Mac’s eyes shone over the rim of her coffee mug. She placed it on the table and flashed me a grin. She’d been after me to take swimming lessons for years. I’d had an accident during a field trip in elementary school and almost drowned. The incident left me traumatized and put me off swimming entirely.

  I thought over Mac’s words and shrugged. “Perhaps.”

  Why not?

  A cell phone chimed in the living room. Everyone’s gaze, including Josh’s, swiveled in my direction. Sighing, I hurried to answer it. It couldn’t be good news. Most of the people who would have called to give me good news were sitting in the dining room with me. “Valentine,” I answered.

  Dispatch received a call from someone who wouldn’t give her name. She specifically requested me and said she had information on a case.

  The address matched the one I’d written down when Bernie and I spoke to Monica at the McDonald’s in Yucaipa. Why hadn’t she called me directly?

  Time to face the music and give my family and Brad the bad news. No doubt they expected the worst anyway. I entered the dining room, carrying my purse and notebook. They all gazed at me knowingly. “Sorry.”

  They nodded simultaneously. They’d become used to it—Brad, too. He jumped to his feet. “I should be going, too. Thank you all for the hospitality. I enjoyed meeting you, even if it was under not-so-good circumstances.” He leaned over and ruffled Josh’s curls then looked at Mac and Mike. “Let me know when you’re ready for his swimming lessons.”

  Brad and I put on our shoes, which were next to the sofa we’d slept on. We folded the blankets and stacked them on the sofa.