The Kill Clause

by Gregg Hurwitz

  “Let me tell you this,” Tim said. “I’ve fired nine shots in the line of duty, and they’ve all been hits. Eight of them have been kill shots.” He paused, moistened his lips. “If we throw down, you have no chance of surviving.”

  Mitchell mused on that, his head bobbing. “You’re right. I’m not a shooter.”

  He spread his arms wide, letting the gun dangle from his thumb. He tossed it to the left, aiming for the sandblaster. It bounced off the metal box, missing the “on” button by a few inches.

  Mitchell’s eyes went to the metal stack to his side. If anyone could lift a five-foot pane of half-inch steel by himself, it was Mitchell. Tim wasn’t about to take any chances.

  “On your knees. Arms wide. Turn around. Hands on your head now. That’s right. Not a noise.”

  Tim slide-stepped in on him, both hands on the gun. At the last moment he saw that the toes of Mitchell’s boots were curled rather than flat against the dirt.

  Mitchell pivoted and sprang. Tim laced his hand through the .357 and hammered Mitchell across the face with a ball of fist and metal.

  Bone crunched.

  Mitchell staggered but did not drop. As he charged into Tim, his legs shoved against the ground, a linebacker gaining yards. He knocked Tim back into a stack of metal, jarring him, then the immense arms were a frenzied blur. The blows were even more devastating than Tim could have imagined. They were rapid and unremitting. They were car-crash powerful. They were rage and pain vented and embodied. Hunched protectively like a winded boxer on the ropes, Tim was wave-battered against the steel.

  A haymaker brought him to his knees.

  He’d have to shoot Mitchell or be killed. He brought the gun up, but then a shadow streaked toward Mitchell, flying up on his back, and Mitchell reeled, delivering a vicious elbow to the temple of his attacker. In the flash of an opening before Mitchell turned back, Tim delivered another gun-enforced blow, on the rise, directly between Mitchell’s legs. Mitchell expelled a hard gust of air, and then a dry heave pulled him down into a lean. Tim rose, blood running freely into his eyes, and hammered the gun down across Mitchell’s face.

  Mitchell fell, his mouth open against the ground, his breath kicking up puffs of dirt. Bowrick stirred beside him, a lattice of broken veins coloring his left temple and upper cheek. Tim turned quickly, looking behind him for Robert’s approach, but there was no sound save that of fluttering plastic and wind drawing across the plateau. Tim studied the monument but spotted no movement, no trembling of the scaffolding to indicate Robert’s descent. Bowrick rolled over and shoved himself up on all fours, his forehead wrinkling with pain. He reached over, pulling Mitchell’s gun from the holster, the barrel pointing at Mitchell’s chest.

  Tim tensed, dread locking the breath in his lungs.

  Bowrick glanced over at him, their eyes holding for a moment, then he slid the gun into his jeans, sat back on his heels, and looked at Tim expectantly.

  Tim gathered some cord from one of the wood stacks and double-bound Mitchell’s wrists behind his back, then his ankles. One of Mitchell’s eyes stared up at him, a glossy animal organ, all pupil. Tim’s first blow had broken his cheek badly; the skin sucked in beneath the eye like a drape pulled to an open window. Tim was gentle with the gag. He patted Mitchell down, pulling the car keys from his pocket.

  Bowrick sat with his elbows resting on his knees, watching Tim work. He spoke in a harsh whisper. “Where’s the guy they want to kill?”

  Tim pointed at the trunk of the Lincoln.

  “Why don’t we get him out of there?”

  Keeping his eyes on the monument, Tim crossed to Bowrick, lowering his voice so Mitchell couldn’t hear. “Can’t have him making noise. And he’s unpredictable—we don’t want him running around right now.” He tossed Bowrick the keys. “Get the hostage clear. Don’t open the trunk, don’t talk to him. Neutral it down the hill, nice and quiet. The metal stacks’ll block you from view part of the way down. Don’t turn on the car until you’re through the gate, then drive a few blocks, park somewhere out of sight, and stay alert. Keep the cell phone on. If you haven’t heard from me in an hour, split, call Deputy Jowalski at the U.S. Marshals Service, and explain the mess I dragged you into. And this time don’t come back, even if it is to save my ass.”

  Bowrick nodded, slid into the driver’s seat, and pulled the door gently shut. The Lincoln began the solemn downhill roll, tires crackling softly on the dirt path, brake lights glowing in the night.

  Tim sat for a moment and mopped the blood from his forehead. One of Mitchell’s blows had opened up a seam just at his hairline; he’d have a scar on the left to match the rifle-butt wound from Kandahar. Another punch had struck his shoulder near the bullet-fragment wound; it had already swelled up. His torso felt like a nerve-filled skin bag holding rocks and razor blades. After a few moments the rush of blood into his eyes slowed, and he stood up, fighting off light-headedness.

  He retrieved Betty and the Stork’s phone and dialed Robert’s number again. Betty sourced the ring to the same branch, hidden from view by the scaffolding.

  Same gruff voice. “Robert.”

  Tim hung up. He circled the monument to the far side. If there was gunplay, Robert would have a tactical advantage firing down on him; there was no harder shot than one directly up.

  The scaffolding made for easy climbing. Leaving Betty behind, Tim worked his way up as silently as he could, minding every creak and shift. When possible he climbed the metal branches, as they gave off less noise than the wood. Every few moments he’d pause and strain his ears, listening for Robert’s movement, but the wind, especially as he got higher, drowned out most noise—a factor that also worked to his advantage. Metal plates were missing here and there, dark, empty gaps looking in on the hollow tree interior.

  About fifty feet off the ground, he paused, leaning against the cool metal of the trunk, drawing a deep breath, and hooking his fingers into a few of the monument’s myriad holes designed to beam out the spotlight’s glow. From this angle he had a clear view of the dirt path. The Lincoln drifted silently through the gate. He saw the lights blink on as the engine turned over, and then it pulled away.

  Tim inched his way up, hugging metal and wood, drawing a few splinters. He wound up on the platform supporting the branch opposite Robert’s, about three feet lower. Crouching on a knee, he withdrew the Stork’s phone from his pocket and dialed again. The phone’s chirping ring sounded clear and loud, just on the far side of the trunk. Tim kept the call active, sliding the Stork’s Nextel into his pocket. Double-handing his Smith & Wesson, he drew back to the far edge of his platform so he could get three steps of a running start.

  He timed two deep breaths, then thundered into his run. The trunk brushed his shoulder as he leaped, shoving off the platform hard and flying across a five-foot break of open air. Beneath him the drop stretched down seventy feet, broken only by metal branches and wooden crossbeams.

  He hit the edge of the opposing platform and rolled evenly across his back, popping to a high-kneel shooting stance, one knee down, one up, the thrust of the gun an extension of both elbow-locked arms.

  About six feet off the platform, dangling from a noose looped over the scaffolding above, was Robert’s Nextel. Ringing. It swayed gently, rocked by Tim’s hard landing on the platform.

  He felt his insides go slack, the rush of panic. Keeping both hands firmly on the .357, he shuffled two steps, careful not to trip over a stray two-by-four, and peered over the platform’s edge. On the ground Robert sprinted across the plateau, directly at the monument, sliding a curved Gurkha knife back into a hip sheath. He was coming from the direction of the parked car and the stacks of metal. Tim knew before he raised his eyes that next he’d see Mitchell, staggering twenty yards behind Robert, working the freshly cut cord from around his wrists. Though Mitchell moved unevenly, dizzied from Tim’s blows, his shoulders were firmed with rage, his legs moving in short, punching steps.

  What alarmed Tim even more was th
at Mitchell had his black det bag looped over one shoulder.

  Tim glanced down, trying to spot Robert again, but he had already disappeared underfoot. Before he had time to formulate a single coherent thought aside from the slapping awareness of how badly he’d been fooled, a reverberating clank announced the spotlight’s activation. Blinding light filled the core of the tree, shot in thin beams from the holes of the trunk and branches. A gap between metal plates below threw light up against the bottom of the platform; it streamed around the sides like a gold, twinkling river.

  Squinting against the brightness, Tim glanced over the edge of the platform and saw Robert stepping slowly backward, peering up at him through the scope of a McMillan .308.

  A bullet cracked through wood, zinging past Tim’s head and embedding in a beam overhead. Tim threw himself flat against the platform. A second bullet punched through the platform inches from his face, throwing a spray of splinters past his cheek. He rolled toward the trunk, splitting beams of light. Two more shots penetrated the platform inches from his spinning body and ricocheted off wood and metal. Tim froze near the trunk.

  The ping of metal and then the slapped-meat sound of slug smacking skin. Tim’s leg jerked as he heard the delayed report, and he cried out, more from shock than pain. His mouth cottoned instantly. Beams of light shot out from the tree branches all around him and through the bullet-riddled platform, one ray an inch off his nose, another just in front of the bend of his elbow; two he sensed rising between the split of his legs. He lay still, realizing that his movement made him detectable as he crossed over the fingers of light, making them blink out.

  His thigh throbbed, numb and painless. He estimated that the bullet had entered just north of his right knee. When he heard movement down below, he risked rolling his head over to glance through one of the platform holes.

  Robert, head down, chambered another round. In a clear stretch of plateau about twenty yards from the monument, Mitchell was on a knee, pulling blocks of C4 from his det bag. From this distance the blood staining his face looked like oil.

  Tim strained his eye back to where Robert had been, found him missing, and jerked away just as another bullet split the wood where his head had been, enlarging the hole he’d been looking through. A remarkable shot, particularly given the angle.

  Tim froze.

  The silence was nearly unbearable.

  Another bullet broke through the wood; another beam of light sprang up like a fast-growing vine between his neck and shoulder.

  The stray two-by-four, about five feet long, was just within reach of his right hand. With a grunt he shoved it a few inches forward. The far end of the board crossed a hole in the platform, quashing the thin beam of light, and quickly two bullets hammered through the wood on either side of the existing hole. Tim covered his head, waiting for the ricochets to stop.

  What Tim had gleaned at Rhythm’s indicated that Robert preferred a sitting shooting posture, an elevated tactical advantage, and a position offset right from a frontal view. Right now he was shooting from a standing position at a target directly overhead, and—despite those hindrances—firing with astounding accuracy. If Tim didn’t get off this platform, he was going to get picked apart piece by piece.

  The mouth of a tube, about three feet in diameter, faced him across the length of the platform. Designed as a flexible safety trash chute for workers to clear scraps of material, the tube wormed over the edge of the scaffolding and dropped to the ground. The sturdy canvas would never hold Tim’s weight, and even if it could, the nearly free-fall seventy-foot drop would spit him out almost directly at Robert’s and Mitchell’s feet.

  Blood soaked his jeans around the bullet wound; it was only a matter of time before a few crimson drops made their way down one of the holes near his right leg and gave away his position.

  Even if his leg wasn’t injured, the tree trunk’s diameter was too wide for him to James Bond down the interior, spread-eagling to slow the fall. He couldn’t count on a rapid police response to such a remote site; even if the gunshots were audible over the rush of the freeway, at that distance they’d probably sound like little more than firecrackers. The only way off the monument was a tedious climb.

  Tim shoved the two-by-four again to disrupt the light flow farther down the platform and risked a look through the hole near his head. Robert was repositioning himself. Mitchell had finished laying C4 around the tree trunk’s base and was storming back to his det bag.

  To buy a few seconds, Tim pressed his gun barrel to a hole near his hand and fired four times, blindly. Then he rolled to his back and shot once at the rope tying Robert’s dangling Nextel to the scaffolding above. He hit the rope near the wood, pinching it off and causing the phone to drop straight down rather than swing off the platform’s edge.

  He timed a lunge, grabbing the phone and landing flat, arms and legs spread, barely missing the bullet holes in the platform, the loose two-by-four pressing hard into his shin. Two more shots hammered through the wood precisely where he’d been. Robert had now all but ventilated the platform; there was very little unpenetrated wood left on which Tim could lie without giving away his position. He removed the coarse rope from the phone and used it as a tourniquet for his leg. Another shot broke the wood beside him, forcing him to flatten against the platform again.

  Breathing hard, his elbow bent to dodge the new beam of light, Tim lowered his hand and worked the Stork’s phone from his pocket. With excruciating slowness he brought the two phones up to his chest, holding them side by side. Bullets continued to punch through the floor at intervals, pinging around the small cross-section of scaffolding.

  He worked his foot over the two-by-four, pressing his toe against its end, then snapped his foot out. Right when the board slid off the platform’s edge, drawing Robert’s attention—Tim hoped—at least for a moment, he glanced through the hole to his right.

  As he’d anticipated, Mitchell was still coming strong, the det bag looped over his shoulder and bouncing musically against his hip. He was heading for the C4 he’d left at the tree trunk’s base, a coil of wire in one hand, a razor knife in the other, an electric blasting cap in his mouth.

  Tim hit “redial” on the Stork’s phone and tossed Robert’s Nextel into the canvas tube. He heard it ring once on its way down. It whistled along the canvas as it fell, guided in toward the trash heap at the base of the monument.

  A sharp crack as the electric blasting cap detonated, triggered by the ringing phone’s RF pulse. A moment of perfect stillness, nothing but the wind whipping through the scaffolding, then a gut-wrenching wail.

  Robert.

  Tim rolled twice, sticking his head over the platform’s edge. Directly below, Robert was genuflecting beside his brother’s body. A spray of matter above the shoulders confirmed that Mitchell’s head had been blown apart by the electric blasting cap.

  Tim swung over the platform, gripping the edge to aid his swing, and dropped ten feet to the one below. His right leg, weak and slick with blood, gave out, and he collapsed.

  Robert roared down below, then bullets started hammering through the platform, sending chunks of wood flying. The gap between the metal plates in the trunk made the lower platform blindingly bright. Tim dragged himself to the visible section of trunk, lead flying up all around him, plunged his arm into the gap, and fired once, directly down the core of the tree.

  A blast rocked the monument as the spotlight lamp exploded. The sharp flare of light disappeared at once, plunging everything into darkness.

  Tim worked his way swiftly around to the far side of the tree. Smoke was seeping from the holes in the metal, the sluggish discharge recalling blood from wounds.

  Robert continued to bellow down in the dark, firing randomly up at the branches and sky.

  Tim hooked a toe on an opposing branch and pulled himself onto the far wall of scaffolding, then half fell, half slid down, catching splinters, moving quickly while the rifle reports covered the sound of his plunge and marked Ro
bert’s place across the monument.

  The shooting stopped, either because the ammo had run out or because Robert was circling to Tim; either way the silence sat thick in the air like an unvented smell. Tim slid from the lowest metal branch, dropping six feet to the ground and bearing his weight on his left leg.

  Fumbling out a speedloader, he refilled the wheel of his gun. Despite the makeshift tourniquet, blood had twisted down his jeans, engulfing his knee. His head swam for a moment, static obscuring his vision; he’d lost a lot of blood. He tried to run, but his right leg had gone numb, and he fell over, catching a mouthful of dirt. With the help of a sawhorse, he pulled himself back to his feet.

  Robert broke into view, one-handing the .45 as it kicked and bucked, cording his forearm with muscle, muzzle flare lighting his face. His eyes showed too much white. Sheets of flesh pulled down from his jaw on either side, tight against twine-split muscle. He was roaring something, his lips loose and wet, his mustache a red slash above his stretching mouth.

  Tim ran as best he could, threading through the scaffolding around the trunk’s base, putting metal and wood between him and Robert. Robert was firing wildly; he was less skilled with a handgun. Tim could barely run with his bad leg; boards were flying past him on either side and overhead. He ducked and jumped and dodged. Lead sparked off metal, always just behind him, always just around the turn. He’d sprinted nearly 180 degrees around the trunk when he swung wide and turned, lining the sights. Robert appeared, gun leading around the curved turn and, still in dead sprint, Tim squeezed off a round.

  Robert’s .45, raised in front of his upper chest, caught the bullet with a clang of lead meeting steel. The barrel sparked, and Robert cried out as the gun tore from his hand.

  Tim swung back just in time to see the thigh-high mound of refuse before him, and he ran into it full bore, nails and dust exploding. Shaving through the left side of the heap, he hit ground hard and slid a few feet, landing on his back with a brick pinching into his left hip. He looked up through the thickening cloud of stirred debris and saw, ten feet above him, the open bottom of the canvas tube staring down at him like a curious eye.