Only by Death

by Herman, Kathy;

  Nothing like getting right to the point. “Well, not this morning.” Kate took a sip of coffee and glanced at her watch. “I hope Jesse will be all right. I can only imagine what Dawson’s friends will do when they find out he lied.”

  “Don’t you go worrying about Jesse,” Buck said. “The principal told you she’s got a few teachers keeping an eye on him.”

  “They can’t watch him every second.”

  Her father stroked his white mustache. “Well, Jesse’s got angels lookin’ out for him, and plenty of prayer to back that up.”

  “I’m disappointed that Jesse lied,” Kate said. “But just between you and me, I’m almost grateful too. I know that sounds awful, but at least now I can stop worrying that he’s going to get enmeshed in a murder trial.”

  The front door opened and closed, and Kate watched Titus Jackson come into Flutter’s.

  “There’s your breakfast buddy.” Kate got up and kissed her dad on the top of his head. “I need to get over to the office.”

  “Try not to worry about young Jesse,” Buck said. “The Lord’ll use this to build his character.”

  Kate smiled wryly. “I’ve about had it with character building for a while.”

  t

  Virgil sat at his desk and looked out the window at employees arriving at the courthouse, all bundled up in their warm coats and hats.

  Miguel Perez’s blue-and-yellow food cart was conspicuously absent from the sidewalk at Main and Commerce, though it was too early in the season for him to close up shop. Mother Nature was merely toying with them. Once the cold front moved on, the mild weather would return, drawing thousands of tourists to the exquisite display of fall colors that would soon transform the landscape.

  Virgil’s intercom buzzed. “Sheriff Granger here …”

  “You about ready for us?” Kevin said.

  “Yeah, come on.”

  Virgil heard heels clicking on the marble floor, and stood just as Kevin, Billy Gene, and Jason filed into his office and sat at the conference table.

  Kevin held up a file. “Great news. The lab found DNA on a wad of Dubble Bubble chewing gum collected on the riverbank. Doesn’t match anyone’s in the system. But according to the lab, it’d been exposed to the elements about the same length of time as the Kleenex. Both had been out there less than forty-eight hours. Everything else put into evidence was far more degraded. Seems significant, since the area appeared somewhat secluded and relatively free of trash. The odds are much higher that these two pieces of evidence are related than they’re not.”

  Virgil pulled out a chair, sat at the table, and perused the report. “Now all we need is a suspect whose DNA matches.”

  “Looks like we’re back in the game,” Jason said.

  Virgil sat staring at his hands. “Gentlemen, I wish I had a better feeling about Jesse. I hardly slept last night. Every time I started to drift off, I saw Jesse’s scratched-up face. Someone’s threatening that boy. I feel it in my gut. He told me that he slipped on gravel and fell, but I’m not buying it. The knees of his jeans weren’t scraped or torn, and the palms of his hands didn’t have a scratch. I’ve known Jesse since he was five, back when I worked the case all the years his dad and sister went missing. I’ve been a friend to his family and have had many occasions to observe Jesse at various stages of development. I think he was telling the truth when I recorded his statement. I’m not sure yet why he recanted, but I’m not willing to gamble with his safety.

  “Therefore, starting tomorrow morning, I want Billy Gene and Jason in plain clothes and an unmarked car. You need to have Jesse Cummings in your sight from the time he leaves home to catch the school bus until he’s in for the evening. Obviously, you can’t have eyes on him when he’s inside the school, but the principal has several teachers watching him throughout the day. Don’t hesitate to blow your cover, should the need arise to protect him. But otherwise, I want you to stay invisible.” Virgil leaned forward on his elbows. “Kevin will assign other deputies to work the burglary cases. I want you two focused on this special assignment.”

  Billy Gene nodded. “How long do you reckon we’ll need to keep tabs on the boy, Sheriff?”

  “Until I’m convinced he’s not in danger. And,” Virgil added, “this will be a covert operation known only to the four of us—and Kate Cummings. I’ve arranged to have a meeting with her this afternoon. She needs to know what we’re doing, but Jesse doesn’t.

  “Needless to say, there’s no one in the department that I trust more than you three. I’m counting on you to get this done right and completely off the radar. Any questions? … Okay then.” Virgil rose to his feet. “Let’s get this done.”

  t

  Liam stood in the assembly line at the poultry plant, deboning chicken wings as fast as they passed in front of him, his mind reliving yesterday’s surreal encounter with the one person who had the power to wreck his life. Had his threat worked? Was Jesse Cummings scared enough to back off?

  Liam regretted that it had come to this, but what else was he supposed to do? He had come too far to fail. His half of the inheritance was almost in his pocket. All he wanted the kid to do was forget what he had seen and get on with being a kid.

  You’re better than this. His dad’s voice echoed in his head. That’s what he had always said anytime Liam disappointed him. Just what he needed: a guilt trip from the grave. He was not a monster. Killing his mother was merciful. And no matter how cruel his actions might seem to some, he wasn’t going to sit back and let some middle school kid point a finger at him so he could spend the rest of his life behind bars.

  “I didn’t expect to see you today.” His supervisor’s voice behind him startled him.

  “I’m feeling better,” Liam said. “Not a hundred percent, but well enough to do my job.”

  “Stay focused,” Marilyn said. “I don’t want you cutting off a finger.”

  Of course she didn’t. Might mess up her precious safety record. For almost thirty years, he’d hated everything about this place, especially the smell of it. When he got his money, he’d finally be able to pay off his credit cards, give notice at the plant, and go into business for himself. He could fix almost anything, and handymen were high in demand. It would be so great to work for himself and not punch a time clock or be under the gun to work faster so his already well-paid supervisor could get a big bonus.

  He was close to finally getting the financial millstone off his back. That’s what his mom would have wanted. All he had to do now was to make sure Jesse Cummings kept his mouth shut.

  Chapter 19

  Jesse sat at one end of a table in the cafeteria, two empty spaces between him and some giggly sixth-grade girls who whispered among themselves and seemed oblivious to his fallen social standing.

  Dawson sat on the other side of the room, stealing an occasional glance at Jesse. Though Dawson joined in the bursts of laughter coming from Bull Hanson and the others seated at his table, Jesse knew his heart wasn’t in it. But that was little comfort. He and Dawson were done. Nothing could change that now.

  Bull rose to his feet, a smug grin on his face. He said something that evoked another round of laughter, then turned and walked in Jesse’s direction.

  Jesse wanted to run, but he felt as if his behind were glued to the chair.

  Bull stopped at Jesse’s end of the table, his muscular arms folded, his shaved head tilted the way it always was anytime he was about to show off for his buddies. “So, Jesse”—Bull reached down and took the plastic bag of Oreos out of Jesse’s lunch pack and put it in his own pocket—“how come you’re eating with sixth-grade girls? Why aren’t you having lunch with your friends? Oops. That’s right, you don’t have any friends.”

  Jesse didn’t say anything. He just wanted Bull to go away.

  “Bet you thought you were really clever,” Bull said, “letting us believe you were a big-shot witness
in a murder case. Humongous mistake. Now you’re pond scum. Worse than pond scum. You’re nothing. Zero. Zippo.” Bull leaned over, his palms flat on the table. “You don’t exist. Not to me”—Bull made a sweeping motion with his hand—“or any of them.”

  Jesse felt the heat scalding his cheeks in a moment of pin-drop stillness that eventually was interrupted by another round of laughter. He could almost feel the stares. He wanted to shout at the top of his lungs that he wasn’t a liar, that he was protecting his family. And that he didn’t care what Bull thought anyhow. Instead, he sat biting his lip and looking at his hands.

  In the next second, Miss Berne was standing next to Bull.

  “Mr. Hanson, I suggest you get back to your seat,” she said, “before I send you to the principal’s office.”

  Bull took a step back. “You, of all people, should realize what a loser he is.”

  “And you, mister, should know that intimidating a fellow student is grounds for suspension. I don’t care if you are the star quarterback. Now go back to your seat.”

  “Yes, ma’am.” Bull shot Jesse a this-isn’t-over look and strutted back to his seat and the snickering faces of his peer group.

  Miss Berne stood there, holding Jesse’s gaze. She looked as if she wanted to say something, but didn’t. She turned and walked over to Mr. Jones, the other cafeteria monitor, who didn’t seem happy with her. The two of them stepped outside into the hallway.

  Jesse glanced over at Dawson, who wasn’t laughing.

  t

  Liam sat in his car in the back parking lot at the poultry plant, eating his lunch, unable to get Jesse Cummings off his mind. What if Jesse was braver than he thought and had told the sheriff he’d been threatened? That would blow the case wide open. Still … why would anyone suspect Liam of anything?

  His cell phone rang. He glanced at the screen, then put it to his ear. “Hey, Colleen.”

  “You’ll never guess what just happened,” Colleen said. “I got summoned to Ruth Arnold’s office and chewed out royally—all because I did my job. I was a cafeteria monitor today and saw Bull Hanson, our football captain, giving Jesse Cummings a hard time. I intervened and sent Bull back to his table. I didn’t say a word to Jesse. Not one word. But Gerald Jones, the other cafeteria monitor, was furious that I didn’t let him handle it, so he reported me.”

  “Why didn’t you let him handle it? You were told to stay away from Jesse.”

  “Whose side are you on?” Colleen snapped.

  “It was just a question.” Liam stuffed a potato chip into his mouth. “I’m sorry it happened, but Arnold did tell you to steer clear of Jesse.”

  “Well, what I called to tell you is that it’s a moot point now because—”

  “Jesse recanted?”

  There was a long pause.

  “How did you know that?” Colleen said.

  Liam’s heart skipped a beat. How could he have blurted that out without thinking? “Lucky guess. But I’ve said all along that he made it up to impress his peers.”

  “Well, you were right. According to Mrs. Arnold, it’s all over the school now that Jesse called his friend Dawson last night and recanted the story, said every word of it was made up. He apologized to Dawson for lying and asked him to tell the team. Poor Jesse. Those boys let him in their inner circle, something that never happens. They won’t let him live it down anytime soon. Bull Hanson can be mean, even without a reason.”

  Yes! Liam pumped his fist. “I imagine Bull felt foolish for believing him.”

  “Probably. I know I did.”

  “So why did the principal chew you out for helping Jesse, if she knew he’d recanted his story?”

  “All she would say was that it didn’t change the fact that I’m not to communicate with Jesse. I really should call the sheriff and see what he thinks about Jesse changing his story.”

  “He probably thinks that, without a witness, he doesn’t have a murder case.”

  Colleen sighed into the receiver. “I don’t believe that. Mom was murdered. I think Sheriff Granger believes it too.”

  Liam knew better than to argue with her. Colleen was like a pit bull. Once she made up her mind about something, she wasn’t about to let go of it.

  “Well, at least Jesse came clean. I wouldn’t want the sheriff going forward with false expectations.”

  “I just can’t figure out why Jesse would tell his peers that he lied,” Colleen said. “He had to know the punishment he would take from Bull and his cocky friends.”

  “Maybe it was even worse living with a guilty conscience.”

  “Worse than being a social outcast?” Colleen said. “It makes more sense to me that someone pressured him into denying what he saw.”

  Liam’s heart leapt. “That’s completely baseless.”

  “Maybe. But Jesse’s either exceptionally brave or exceptionally scared.”

  “Colleen, listen to me … You’ve got to stop this nonsense. You’re reading into things without a single fact. You’re going to drive us both nuts.”

  “Our mother was murdered, Liam. Whether Jesse witnessed it or not. And even if the sheriff doesn’t have any conclusive evidence, I will never be at peace until I know the truth.”

  “Never is a long time,” Liam said.

  “Well, I’m a long way from just letting it go. Jesse’s hiding something. You should’ve seen the way he looked at me.”

  Liam only half listened to her rambling after that. He knew Colleen well enough to know that she would figure out a way to confront Jesse and find out for herself if she believed he had seen something. He had to make sure that Jesse stuck to his denial.

  t

  Virgil sat at his desk, reviewing everything they had on the Dixie Berne case. He listened again to the interview he’d had with Jesse Cummings. Nothing about Jesse’s voice gave a hint of dishonesty. And what were the odds that Jesse had made up the story, when later, the victim’s DNA was found on the riverbank next to where he indicated he’d seen a man and woman wading in the water?

  His administrative assistant’s voice came over the intercom. “Sheriff, Mrs. Cummings has arrived.”

  “Great. Bring her to my office.”

  “Yes, sir.”

  A minute later, Kate Cummings knocked on his open door.

  “Come in.” Virgil stood and went over to greet her. “I’m glad it worked out for you to come by. Saved me a ride up the mountain. Let’s sit here at the conference table. Would you like something to drink?”

  “No, I’m good.” Kate sat and folded her hands on the table. “What’s on your mind, Virgil?”

  Virgil pulled out a chair and sat facing her. “I’m having a hard time believing that Jesse initially lied about having seen the man and woman wading in the river.”

  “Why?” Kate said. “Do you realize what it cost him to admit to me, to you, to his family and friends that he lied about being an eyewitness?”

  Virgil studied Kate’s face. “If I were twelve, I might admit to my parents and even the sheriff that I made up the story. But I just don’t see myself telling my middle school peers.”

  “He didn’t, exactly. Jesse called Dawson last night and told him the truth. He asked Dawson to tell the others. But the painful consequences will be the same.”

  Virgil picked up a pencil and twirled it in his fingers. “The thing is, I went back for a third time and listened to the recorded interview I had with Jesse, and nothing in my mind has changed. I studied him the entire time I did the interview and never picked up any indication that he was making it up. I have a lot of experience in spotting inconsistencies. His story totally fits with our investigation into Dixie Berne’s death.”

  “Must be coincidence,” Kate said. “I just don’t believe Jesse would lie to me again and say he made it up if he didn’t.”

  Virgil tented his fingers. “He m
ight, if someone threatened him. Told him to keep his mouth shut.”

  Kate’s face went blank. “You hinted at that once before. I know my own son. It took a lot of courage for him to tell me he made it all up. Jesse’s usually a truthful kid, and this really bothered his conscience.”

  “I hope you’re right,” Virgil said. “But I’m not convinced. In order to get those nasty scratches on his face, Jesse would have to have fallen headlong on the ground. Neither the knees of his jeans nor the palms of his hands had a mark on them. But Jesse’s quick recanting of his story is enough cause for suspicion.”

  “Meaning what?”

  “Just that, until I’m convinced that Jesse isn’t being coerced into silence, I want to keep a close eye on him.” Virgil leaned forward on his elbows. “I want a couple of my deputies in plain clothes covertly watching him. That way we will see if someone approaches him.”

  “You’re really that concerned?” Kate arched her eyebrows.

  “I just want to be sure. And for now, that seems like the best approach. It’s important that Jesse not be aware that he’s being watched. I want him to act naturally.”

  Kate tapped the table with her fingers, her eyebrows furrowed. “I can’t believe another of my children could be in danger. How much can happen to one family?”

  “Maybe nothing’s happening,” Virgil said. “But we need to be sure. Remember, don’t say anything about this to Jesse or anyone in the family. I’ll have someone in place when the bus picks him up tomorrow morning. My deputies will keep tabs on him from the time he leaves for school until he is home for the evening. Mrs. Arnold has a number of teachers watching him when he’s inside the school. And you need to make sure he doesn’t leave the house by himself.”

  Kate sighed. “You want me to check the emails on his computer and text messages on his phone?”

  “Sure, couldn’t hurt,” Virgil said, “though anyone threatening him would probably be smart enough not to leave a trail.”