Burden of Proof

by DiAnn Mills

  “The law states the issuing magistrate must have probable cause. Billie’s statement may get us the warrant, but if something is found, we’ll need her to testify.”

  “I refuse to drag Billie into it.”

  “A search warrant won’t mention her name. It gives the FBI authority to search, and if necessary, seize things and people. Without one, we are violating Willis’s rights, and he knows how far to push.”

  “Are you sure you want to risk getting shot on Willis’s land?”

  “No. But I’m in.”

  31

  THE IDYLLIC SETTING of the Big Thicket had an antagonistic streak. April weighed Billie’s story. If what the woman saw was accurate . . . “Anyone turn up missing seven months ago?” April said.

  “Not to my knowledge.” Jason had taken over the driving, and he inched toward a road she hadn’t seen before. He pointed to binoculars on the console. “On your right is my land. Scan the area and make sure no one has us in his rifle sights.”

  “I can see the headlines—‘Former Fugitive and Federal Agent Shot for Trespassing.’” She peered through the binoculars, but nothing caught her eye. Three buzzards hovered over a thick wooded section. “I think we’re okay. Unless they’re camouflaged.”

  “Camouflage is what the good old boys wear to church.”

  She welcomed the lightness.

  Jason turned right onto a gravel road and followed it about a half mile to a thick line of trees. A rickety barn leaned on the outskirts.

  “You could sell the siding and replace it,” she said. “That look is very popular at the moment.”

  “And lose the barn’s character?”

  She smiled. How unusual to enjoy a man’s company in the middle of a case.

  The truck bumped in and out of ruts until it reached the partially standing barn. Weeds grew two feet tall between the gaps in the siding.

  She eyed the rotted wood piecing together the barn. “We’re parking in there?” she said. “I don’t want to be inside when a gust of wind blows it over.”

  “If you’re worried about the truck, I have canvas to protect it. You’re the one who ruined Miss Ella’s dress and lost her shoes. I’m going to be careful with Dad’s vintage truck.”

  Jason parked the truck in the middle of the barn and reached inside the glove box for his Beretta. She pulled her gun from her shoulder bag and slipped it into her back waistband.

  “Ready for a hike?” He glanced toward the sun dipping farther west. “We have enough daylight to scout a little.”

  Although the woods looked foreboding, she took comfort in his familiarity with them. Jason took the lead, and she trailed behind into the thickest part of the pines.

  The earthy smells beneath the canopy of treetops enveloped her, foreign from the city but not unpleasant. The sun trickled through like fingers of light with rare glimpses of the blue sky. Jason found his way through the undergrowth and around the trees. Stray, frail branches from brush flew back and whipped across her chest. The next time she shielded her body and caught it.

  He turned to her. “Sorry. Are you okay?”

  She nodded.

  He continued to lead, walking close enough for them to have a quiet conversation.

  “What have you done in your previous life that you know the creepiest and most secluded areas?” she said. “Or do the people here grow up with an instinctive means of survival?”

  “When I was fourteen or so, I’d come out here alone and camp overnight. Thought it was cool to be by myself. Envisioned myself as a forest ranger. I’d build a fire, explore, and set traps for rabbits. Made me feel like a real hunter. I’d dream about hunting bear in Alaska and lions in Africa. Never did either one.”

  “And your parents approved?”

  “Dad did. He could have found me if he wanted to. The first couple of times I couldn’t sleep for fright. Every sound jolted me straight up from my sleeping bag. But I refused to let it intimidate me.”

  “Like now.”

  “You’re beginning to understand my drive,” he said. “Let me warn you, the population of snakes outnumber people in these parts.”

  She cringed, and her gaze darted around her feet. “Thanks for the tip. I’m not a freak when it comes to snakes, but I’m not stupid either.”

  “I’m watching out for you. The cooler temps keep them away, but be careful.”

  “Count on it.”

  He stopped and held up a hand. “We’re nearing the fence bordering Willis’s property line. Sound carries.”

  She hoped there wasn’t any barbed wire or a bull roaming on the other side. “How many men work Willis’s ranch?”

  “Three, I think.”

  They continued in silence and skirted a pasture on Jason’s property. Black-and-white cows and horses grazed, obviously uninterested about anything outside the boundaries of the pasture. Not a single bull in sight. Oops. One lifted his head and stared at the tree line. She kept walking. Occasionally her new tennis shoes sank into low-lying holes, covering them in wet mud. Better than what her bare feet sank into last night.

  With the pasture behind them, a barbed-wire fence soared five feet high. Her flesh still stung from her last encounter.

  “Willis’s land?” she whispered and pointed to a sign—No Trespassing. Violators will be shot.

  Jason lifted the wire for her to crawl through. “Enjoy the tour.”

  Her knees hit chilly, wet ground. A brown-and-gray snake slithered past, and she held her breath in an effort to figure out if it was a good snake or a bad one.

  “It’s okay,” he whispered. “Just a hognose. Won’t bother you.”

  Once through the fence, he paused and listened, slowly turning in every direction. She heard nothing but birds. When he appeared satisfied, they plodded through thick brush and trees, moving with the sun fading from their view.

  Several yards later, Jason stopped. “I’m going to make sure Willis doesn’t have any guards posted. I’d feel better if you waited here.”

  “Who’s going to watch your back? Or mine?”

  “I can cover ground faster.” He stopped and looked straight at her. “There are low areas where you’ll sink above your knees and slow me down.”

  “I’d rather face Willis’s men.” She yanked out her phone and saw she had no connectivity. “I can’t even call you.”

  “I’ll make it fast.” He jogged away.

  The sounds of the forest could have been intimidating. No reason to fool herself. She’d rather face down a gang of drug dealers. A crow’s harsh call ground at her fear button. Wind whistled through nearby trees, giving the site an ominous quality. A rustling in the brush behind her caused her to draw her gun. A squirrel scampered away.

  What if Jason met up with Willis’s men? What if she did?

  Jason slipped through the trees and brush, following instincts and years of tromping through the dense woods. He recalled the many times he and Lily had hiked his property and along the border between his and Willis’s land, sometimes talking but usually quiet. They both enjoyed the beauty of nature. Even when she wrestled with cancer and carried Isabella, they took weekly hikes through the trees. When Isabella entered the world a week early, a little fighter like her mother was born.

  His thoughts took an unbidden swing to April. Graceful. Intelligent. Spunky. Her smile stole his breath. She stood up to him when they differed in opinion and treated him as a peer instead of an East Texas home builder redneck. She’d made a choice to risk her career and life to help him, to prove his innocence, and he wanted to protect her even though she had the skills to defend herself. Her fierce determination resembled Lily’s, and that realization moved him closer to what could be more emotionally frightening than losing his weapon.

  Jason wondered about a future with the feisty FBI agent, who adored his Isabella. He never thought he’d be attracted to another woman. But a twinge of something had latched on to his heart, and he didn’t know how to handle it. Guilt collided with every th
ought of April, as though he were cheating on Lily. Had it been only twelve months since she left him and Isabella? The grief books advised waiting two years before making any changes. Was he wrong to think about another woman? Did life offer a different guidebook on the proper time to shake off mourning?

  Lily, I’m confused. I wish you could tell me what to do about April. About everything.

  He hoped God gave messages to those who sat at His feet in heaven. If so, he wanted Lily to know he’d only replace her with a woman who loved Isabella as much as he did.

  Drop it, Jason. Trying to figure out why the world spun in a direction contrary to how he thought it should invited a well of depression. He’d better run from April before his heart took another beating.

  But if he read her expressions correctly, she felt the same interest.

  About a half mile in on Willis’s ranch, Jason observed several white-tailed deer. He followed signs of the animals to a winding creek. A deer feeder offered plenty of corn. Willis was building the deer population for hunting season. He spotted a salt lick. Too many hunters thought the salt was only for the bucks to grow large antlers, but the entire herd needed the minerals. A few deer lifted their heads and sniffed the air before dashing off. After using his binoculars to inspect up and down the marshy creek, he trekked farther.

  He kept close to the creek and explored the deep, thick wilds. More deer. Another salt lick. Willis planned to hunt in style.

  A snap captured his attention. He reached for his handgun. To his left, a stirring and the distinct snorting of wild hogs. He peered into the brush at several females. The tank-built animals possessed tremendous strength and could easily overpower their prey. Female tusks were smaller than the males’, but still sharp and able to kill a man.

  Then he saw the piglets. Their mothers were the most dangerous and easily agitated of all. Best make his way around them.

  He hadn’t detected guards in this section, but any sound of gunfire would likely bring a rifle-totin’ man running at top speed. They’d shoot him on sight, ship his head to the local taxidermist, and mount him in Willis’s office.

  Being eaten wasn’t the way he wanted to meet his Maker either.

  Dad’s words resounded in his head. “A wild hog is the fourth most intelligent animal in the world.”

  Debating the mental capacity of the animal seemed useless. He just needed to get out of there. He quickly took in the terrain and moved quietly with his attention on the herd of hogs.

  The extra distance between him and the animals offered safety. He released a smothered breath.

  A male wild hog ambled across his path. It caught sight of Jason, and the two had a stare down. Suddenly the animal lowered its helmet head and barreled toward him.

  Jason aimed and fired. The beast didn’t slow.

  He fired two more times.

  32

  APRIL CRINGED with each crack of gunfire. Three shots. But the sound of a handgun, not the louder pop and reverb of a rifle. Too many scenarios exploded in her mind, and she fought the urge to race after Jason. He’d told her to stay put. She attempted to phone him, although nothing magical had given her connectivity. Her attention leaped from one theory to another. Had he been shot? Had he fired at someone else?

  Wrapping her hand around her Glock, she dashed down the narrow trail Jason had taken. Several feet later she met him running toward her.

  “We need to get out of here,” he said between breaths.

  “Is someone shot?”

  “Met up with wild hogs.”

  She’d learn what happened later. Evening had settled as they kept pace to the rickety barn. They tugged back the canvas and climbed inside the truck. Jason wasted no time getting on the road.

  She had a feeling his wild pig story might top her escape from Romeo. “I’m ready to hear about your fling.”

  He palmed the steering wheel. “I nearly became the night’s menu special for a bunch of wild hogs.” He relayed the story. “Downside is Willis will learn about the gunfire. Deer season isn’t open either. Maybe he’ll suspect overeager hunters on his property.”

  “With No Trespassing signs and the barbed wire?” she said. “I’m sure his men can tell the difference between the sound of a handgun and a rifle.”

  “True. Either way, I’m glad we got out of there. But I never got to the point where Billie indicated Willis might have covered up a crime. To pull what looked like a body from the trunk of his cruiser doesn’t sound like law-abiding to me.” He reached for a bottle of water on the seat. “Have you noticed my attempts at rectifying this keep slamming into my face?”

  “The FBI wouldn’t need to sneak around.”

  “Not yet, April.”

  She fumed. “You realize I have to tell Simon about Billie’s accusation.”

  He took a sip of water. “How long does it take to get a search warrant?”

  “Depends on the judge. It can be fast.”

  “Involving Billie concerns me. We’ve all experienced how Willis seeks revenge.”

  “We can protect her.” Why did these people shy away from federal protection? “If the worst scenario occurred and her life was in danger, FBI protection has to be a better option than hiding herself.”

  “Billie is a great gal. If she has a fault, she’s too trusting, naive. Always wants to believe the best about people. I’m sure she’s rethought those traits after living with Willis.”

  She held up her phone, the only way she could think of to bring peace to all of Willis’s victims. “Which one of us is calling Simon?”

  “We do it together. Use the speaker.”

  She glanced at her phone and confirmed connectivity. She laid it on the seat between them and tapped in Simon’s number. “Jason and I have an update.”

  “We need a good one.”

  Jason took over. “I talked to Billie Lennox, and she claims . . .” He briefed Simon on his conversation with Billie.

  “Is she in Sweet Briar?” Simon said.

  “Doubt it. I understand you need probable cause to search his land.”

  “We may have it. But talking to Billie is imperative.”

  Jason glanced at April. “I’ll encourage her to contact you.”

  “We might have to—”

  “I’m not exposing her after giving my word.” Jason’s shoulders stiffened.

  “If a body is found, she’ll have to testify. Tell her if she cooperates, we can protect her,” Simon said.

  “From whom?” Jason continued, his tone even. “Willis or one of his paid men?”

  “Anyone.”

  April focused on what Billie saw. “Simon, is there a missing person in the Sweet Briar file?”

  “Give me a little time and I’ll get back to you.” He clicked off.

  “Is he always this helpful?” Jason said.

  “Okay, you’re frustrated.” Never mind how she’d like a face-to-face with Simon. “I am too. Willis has rights. Even if a judge sees probable cause, issues a search warrant, and the FBI finds a body, without Billie’s testimony, the investigation will be drawn out and much harder.”

  “Simon hinted at a missing person.”

  “And the next one could be you or Billie and Zack.”

  He clenched his jaw. “Or you.”

  With the dark night closing in around them like Jason’s infuriation with Willis and Simon, he drove into the woods of his temporary residence. Once he parked his dad’s truck, he snatched his phone and rolled down the window. A blast of cold air rolled in.

  “I know you’re worried about Billie’s and Zack’s safety.” April placed her hand on his shoulder. “Billie may surprise you.”

  Jason considered what the FBI requested juxtaposed with Billie’s fear. “I’ll try.” He pressed in her number. She answered on the first ring. “This is Jason. I relayed what you told me to the FBI. The law requires a search warrant to investigate Willis’s potential crime. If a judge signs it, the FBI can look for a grave. But they’d like to talk
to you.”

  “He’ll find us,” she whispered as though Willis were listening to the conversation.

  “All I’m asking is for you to make a phone call to an FBI agent and tell him the same thing you told me. It will get the legal ball rolling.”

  “Would I have to testify in court?”

  “If a body’s found, probably so.”

  “Willis threatened to kill me if I ever tried to leave him. And if I testify against him, Zack and I have no future.”

  “The right thing to do is seldom easy. They can protect you.”

  “For how long? Even I know Willis can reach out to me from prison.”

  His head hammered as though the migraine had broken through the wall of resistance. “You could ask for witness protection.”

  “How is this connected to Russell’s death?” she said.

  “Anything I say is speculation.”

  “Are you asking me to call the Houston FBI office?”

  “Yes, or I can give you a number for an agent working the area.”

  “I prefer a man,” she said. “I don’t trust a woman. Willis is the master of manipulating women to see things his way.”

  “All right. His name is Simon Neilson, and here’s his number.” Jason rattled off the digits. “Billie, I know this is hard.”

  “I’m not sure I can go through with what you’re asking. Before I go . . . the envelope I gave you?”

  “Yes. I have it.” She’d requested he keep it and the flash drive safe, to talk to law enforcement outside of Tyler County if she turned up dead.

  “Read it. You’ll understand why no one can find out where I am.”

  After she told him good-bye, Jason deposited his phone in his jacket pocket and leaned his head back on the seat. “If doing the right thing gets her and Zack killed, I won’t be able to live with myself.”

  “Willis is not infallible. But he’s smart, so bringing him down means having patience and following protocol,” she said. “I have a question about him. You told me he acquired his land from his grandparents and parents. What did Carrie receive?”