Judgment Call

He pressed the button on the key fob, opened the back hatch, and removed the blanket he had used to cover her. As soon as the blanket came off, she began to struggle. That was all right. They were far enough away from civilization that no matter what she did, it wouldn’t matter. No one would hear her. Out here in the cold night air of the Arizona desert, the two of them were entirely alone except for the occasional mournful cry of a coyote.

“Up and at ’em, sunshine,” he said. “You ready for a game of hide-and-seek?”

She shook her head desperately back and forth and made a whimpering noise that was probably some form of the word “please.” Through the duct tape, that was difficult to tell. Grabbing her by the underarms, he hauled her up and out of the vehicle and stood her upright, barefoot and swaying unsteadily, on the rough surface of the dirt road. She looked up at him. He could see the terror in her wide-eyed stare. He liked that. He had spent years anticipating this moment, and he didn’t want to rush it.

“I’m going to take off the gag,” he said. “You can scream your head off if you want. No one will hear you.”

He had watched enough forensic TV to know that the cops loved looking for DNA on pieces of duct tape, so he had no intention of leaving any of that behind. Ditto for the nylon tie straps he had used to secure her hands and feet. Those had ID numbers that could be traced back to certain retailers. He would take those with him as well. Ditto his brass.

When he peeled off the duct tape, she surprised him. She didn’t scream. “You don’t need to do this,” she said. “Please let me go. Please.”

“No,” he said. “That’s not how this is going to work. I’m going to let you loose now and give you a running start. Who knows? You may be able to run faster than I can shoot. Or maybe I’ll miss.”

“I can’t run,” she said. “I’m barefoot.”

“That’s your problem. If you want to live, you’ll run.”

When he pulled the box knife out of his pocket, she cringed away from him. That was fine. He liked the idea that she was afraid of being cut, but cutting wasn’t what he had in mind. Instead, he used the knife to slice through her restraints and then stuffed them in his pockets along with the duct tape.

“There you go,” he said. “I’ll give you to the count of ten. You run. I shoot. If I miss, you win. If I don’t miss?” He shrugged. “Well, I guess that’s the end of the story.”

“Please,” she begged again. “Please.”

She didn’t need to say any more than that. He knew what she wanted, and he had no intention of giving it to her.

“You’d better get started, because as of now, I’m counting. One!”

She hesitated for only a moment, then she wheeled and started off into the desert, back the way they had come. That surprised him. He had expected her to cross the wash and then stick to the road. That would have given him a clear shot. If she managed to duck into a nearby thicket of mesquite trees, he’d have to go trailing after her.

So he didn’t bother waiting until the count of ten. He got as far as four and then pulled the trigger. The first shot caught her in the leg. Stumbling forward, she fell to the ground as the second shot went over her head. She was still trying to get away, scrabbling forward on the rocky ground, dragging her crippled leg, when he came up behind her. He shot her three more times after that. The shots were meant more to maim than to kill. He had wanted her to suffer. If she died instantly, she missed the point. This was punishment, payback.

While she lay moaning on the ground, he went looking for his brass. He had shot her with a .380. He found all five casings and pocketed them as well.

Immediately after the first gunshot, a stark silence had fallen over the desert. Gradually, though, the night sounds returned. A nearby coyote howled, and another one off in the distance yipped a response. Far away he heard what sounded like a dog barking, but the barking stayed where it was without coming any closer. The shooter wasn’t especially worried about anyone hearing the gunfire. After all, it was three o’clock in the morning, and the killing ground was suitably remote.

He didn’t bother moving the body. For one thing, he didn’t want to bring any blood evidence back into the car with him. Besides, with the coyotes out and about, he was sure they would deal with the body in their own time-honored fashion.

She was still alive and breathing shallowly as he turned to walk away. “Ashes to ashes, and dust to dust,” he said. “And it serves you right.”

ONE (#ulink_9797116b-3073-554b-b9be-70a07d454b5a)

LATE ON a Thursday afternoon, Sheriff Joanna Brady sat at her desk in the Cochise County Justice Center outside Bisbee, Arizona, and studied the duty roster her chief deputy, Tom Hadlock, had dropped off an hour earlier.

Her former chief deputy, Frank Montoya, had been lured away from her department with the offer of a new job—chief of police in nearby Sierra Vista. Looking for a replacement, Joanna had tapped her jail commander to step into the job. Tom was well qualified on paper, but he had found Frank’s tenure as chief deputy to be a tough act to follow.

When Frank had been Joanna’s second in command, he had handily juggled several sets of seemingly unrelated responsibilities—media relations, routine administrative chores, and information technology issues—with unflappable ease. Now, after more than a year in the position, Tom was finally growing into the job and had a far better handle on what needed to be done than he’d had in the beginning. Unfortunately, he still wasn’t quite up to Frank Montoya standards.

After months of struggle, Tom had finally tamed the duty roster monster, handing Joanna a flawlessly executed copy of the upcoming month’s schedule two days before she absolutely had to have it in hand. At this point, he was hard at work preparing a first go-down of the next year’s budget. Joanna knew that he had placed several calls to Frank asking for pointers on both the budget and IT concerns, and she was grateful Frank had been willing to help.

The one place where Tom was still sadly lacking was in media relations. Faced with a camera or a reporter, the former jail commander morphed from your basic macho tough guy into a spluttering, tongue-tied neophyte. Six months of participation in a Toastmasters group in Sierra Vista had helped some, but it would take lots more time and effort before Tom Hadlock would be fully at ease in front of a bank of microphones and cameras.

When the phone on Joanna’s desk rang, she glanced at her watch to check the time before picking it up. At home her husband, Butch Dixon, was battling a tough deadline for reviewing the copyedited manuscript of his latest crime novel. As a consequence, Joanna was on tap to pick up the kids. Her nearly sixteen-year-old daughter, Jenny, worked two hours a day after school as an aide in a local veterinarian’s office. With equal parts anticipation and dread, Joanna was looking forward to the day, coming all too soon, when Jenny would have a driver’s license of her own. Once that happened, driving her back and forth to work and school activities would no longer be a necessity.

Joanna and Butch’s two-year-old, Dennis, spent five hours each afternoon at a preschool that operated in conjunction with their church in Old Bisbee. Dennis was a gregarious kid. When the older members of what Joanna termed the “gang of four”—Jenny and the housekeeper’s two grandsons—had gone off to school in the fall, Dennis had been lost on his own. When a spot had opened up in the preschool program at Tombstone Canyon United Methodist, they had signed him up for a half day four days a week.

Joanna’s first thought was that the phone call would involve some hitch in picking up the kids. Or maybe Butch needed her to stop by the store to grab some last-minute item for dinner before she went home to High Lonesome Ranch. When she answered, however, it turned out that the call had nothing to do with the home front and everything to do with work.

“Jury’s back,” Kristin Gregovich said.

Kristin was Joanna’s secretary, and the returning jury in question was only a few steps away from Joanna’s office at the Cochise County Justice Center, a joint facility that housed not only the sheriff’s department and the jail, but also the Cochise County Superior Court offices and courtrooms. The case currently being tried there was one in which Joanna Brady had played a pivotal role.

More than a year earlier, an elderly woman named Philippa Brinson had gone AWOL from what was supposedly a state-of-the-art Alzheimer’s group home near the Cochise County town of Palominas. Sheriff Brady had been one of several officers who had responded to the original missing persons call on Ms. Brinson.

But Caring Friends had turned out to be a far worse can of worms than anyone expected. For one thing, arriving officers had been dumbfounded by the appallingly unsanitary conditions in what was supposed to be a healthcare facility. The kitchen had been a food handler’s nightmare, and they had found evidence that helpless residents had been routinely strapped to beds and chairs and left, trapped in their own bodily filth, for hours on end. A subsequent investigation had brought evidence to light that several Caring Friends patients had died as a result of serious infections that started out as bedsores.

It was while Joanna and her deputies were at the crime scene that they had been confronted by Alma DeLong, the owner of Caring Friends as well as several other Alzheimer’s treatment facilities. Outraged to find police officers on the premises, she had launched a physical attack against them and had been hauled off to jail in a Cochise County patrol car.

Hours later, Philippa Brinson had been found safe. Confined to a chair in her room, she had managed to use nail clippers to cut away her restraints. Out on the highway, she had hitched a ride into Bisbee and had made her way to the old high school building. To her way of thinking, she had been on her way to work in her old office, a place from which she had retired some thirty-five years earlier. After that misadventure, she was placed in the care of a niece and had gone off to a different facility—hopefully a better one—in Phoenix, while Joanna’s department had been left to clean up the mess revealed by Philippa’s brief disappearance.

Alma DeLong, arrogant and utterly unrepentant, had brought in high-powered attorneys to fight all the charges lodged against her. For years, Joanna had held a fairly low opinion of Arlee Jones, the local “good old boy” county attorney, and that antipathy went both ways. The county attorney didn’t approve of Joanna any more than she approved of him. Arlee was a political animal—well connected, smart, and lazy. Everyone knew that whenever possible, he preferred plea bargains to the work of actually going to trial.

When Arlee had offered Alma a plea bargain on a single count of negligent homicide that would have resulted in less than four years of jail time, Joanna hadn’t been happy, but Alma had turned that option down cold, choosing instead to take her chances with a judge and jury. Annoyed and galvanized, Arlee Jones had gone after Alma DeLong with a vengeance, charging the woman with three counts of second-degree homicide, which in terms of seriousness was two whole steps up the felony ladder from negligent homicide. DeLong was also charged with assaulting a police officer and resisting arrest.

After more than a year of legal maneuvering and stalling on the defense’s part, the case had finally come to trial. Because Joanna had been a part of that initial investigation, she had been called to testify. She had spent a day and a half on the stand being grilled first by Arlee and later by Alma’s defense attorney. Now, a full day after beginning their deliberations, the jury was finally back.

Because Alma was a well-known Tucson-area businesswoman, the trial had attracted a good deal of media attention. Rather than throw Tom Hadlock up against what was likely to be a mob of reporters, Joanna ducked into the restroom long enough to check her hair and lipstick before leaving the office and walking across the breezeway to Judge Cameron Moore’s courtroom.

Once inside, Joanna slipped into an empty seat next to Bobby Fletcher. His mother, Inez, was one of the Caring Friends patients who had died. Bobby’s sister, Candace, had been more interested in winning a financial settlement than anything else. She had been notably absent throughout the criminal trial. Bobby, on the other hand, had been in the courtroom every single day, observing the testimony with avid interest. Bobby was a man with plenty of deficits in terms of social skills and education, and some criminal convictions of his own. When he had finally straightened up, Inez had taken him in and been his unwavering refuge. A guilty verdict wouldn’t bring his mother back from the grave, but it would go a long way toward giving her grieving son a measure of justice.

As the jury filed into the courtroom, Bobby said nothing. Looking for reassurance, he reached out and took Joanna’s hand.

“Madam Forewoman,” Judge Moore intoned. “Have you reached a verdict?”

“We have, Your Honor.”

The piece of paper was passed to the judge. While the judge perused it, the defendant, flanked by her attorneys, rose to her feet.

“How do you find?”

“On the first count of homicide in the second degree, we find the defendant guilty.”

Bobby Fletcher shuddered and covered his face with his hands, sobbing silently as the jury forewoman continued: “On the second count of homicide in the second degree, we find the defendant guilty. On the third count of homicide in the second degree, we find the defendant guilty. On the charge of assaulting an officer of the law, we find the defendant innocent. On the charge of resisting arrest, we find the defendant guilty.”

The last two struck Joanna as incomprehensible hairsplitting. How could someone be innocent of physically assaulting an officer—something Joanna had witnessed with her own eyes—and at the same time be guilty of resisting arrest? But Bobby Fletcher had heard the single word he needed to hear. Alma DeLong was guilty of killing his mother. She had been free on bail. Now, once the judge granted the prosecutor’s request to rescind her bail, a deputy stepped forward to lead her across the parking lot to the county jail, where she would be held while awaiting sentencing.

Walking side by side, Joanna and Bobby Fletcher moved to the courtroom door, where Bobby came to a sudden stop. “I want to wait here and talk to Mr. Jones,” Bobby said. “I want to thank him.”

Not eager to face the media throng that was no doubt assembled outside, Joanna waited, too, but she was also amazed. Bobby had spent huge chunks of his adult life as a prison inmate. The idea of his having a cordial conversation with any prosecutor on the planet was pretty much unthinkable. But then, to Joanna’s astonishment, when Arlee Jones appeared, she found herself in for an even bigger shock. The county attorney approached Bobby Fletcher with his hand outstretched and a broad smile on his face.