Death Sentance

By Brian Stewart

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Death              
Sentance

By
              Brian Stewart

.

TIME OF DECISION

The police captain was waiting for Madden and Tommy. When they entered into his glass encased office he slammed the door behind them.
" Now let me get this straight. You are Lt. Tommy Mendoza from the Phoenix Police Department. You came up on your own to interview a potential suspect in a murder case entered his house on a sham and then shot him?"
Madden replied. "Chief I contacted him concerning a call I had about some hot coins connected to a murder. Officer Mendoza came up because our hands were tied and technically the suspect is not even wanted in connection with the murder case. They already have charged someone else."
" Someone I believe is innocent is being held on circumstantial evidence at best that we believe might have been planted by the man I came up to talk to." Tommy reasoned.
The chief pulled out a property bag. "Well lucky for you both your stories check out with the evidence gathered at the scene. We ran some lab reports on this gold coin found on the person of Gabriel Torres. There is a partial fingerprint mark on the back but it has been pretty well established that it was among the coins stolen from Big Pete. That only proves possession of stolen property but even that can't be proved because any good lawyer could say the suspect bought it from or traded something to Big Pete for the coin, he never technically reported them stolen. According to the copy of your police report empty packets and a lined case were found at crime scene but there's no evidence to place Rollo at the scene at the time of the murder."
" That's correct sir." Tommy addressed him glad that he had researched the case. "We do have an eye witness that will state under oath that Rollo Rodriguez and several others who still remain at large bodily removed him from the property the night of the killing. That testimony along with the coin recovered from Gabriel will do a lot to get an innocent person's case dismissed."
The chief was thinking out loud. "We can hold Rollo now and put him up on an attempted homicide charge. Gabriel Torres just died in my mind there is no doubt you shot the bullet in self-defense. I don't know how you are going to pin this other charge on Rollo. If he's got half a brain he is not going to say anything. Unless they connect him to the murder weapon or somehow connect him to the killing he stands a good chance at walking on that as well. Somehow you've got to convince him you know more about his connection to Big Pete than you do. We don't take to murder too kindly around here but you are the one who is going to have to testify that he shot at you first. He's going to testify that you came to his door seeking help and pretending to be hurt and he could claim he was acting in self-defense when you pulled your gun so you are not going to have the greatest amount of credibility either. I know our district attorney pretty well. He's up for reelection and he's not going to want a high profile case like this unless he can slam dunk it."
" You want to ship him back to Arizona?"
" On what charge?"
" Kidnapping. I've got a sworn statement from someone who swears Rollo Rodriguez kidnapped him. Let me make a couple of calls and see if I can get a warrant. Meantime just hold him for questioning. He's not entitled to an attorney until he is charged with a crime."
" You think you can make it stick?"
" I'm just part Indian blood but my grandfather used to say. The inner terror of a guilty conscience drives many men to confess the truth. Just maybe he'll confess."
" Alright. I'll talk it over with the D.A. and get back with you tomorrow. Lt. Madden stay close where I can locate you."
Tommy made a call back to Phoenix and managed to get Marisa at home.
" Hey Marisa. You wouldn't believe it I found him."
" You found Rollo. Did he confess?" Marisa was excited.
" No. There was a shoot out. I hit him in the leg and killed the other guy. Right now he is in police custody. Do you think we could get him a warrant for his kidnapping of Paco? The captain here says they don't have much to hold him on."
" What about the coins?"
" Apparently his connection fenced them off. They just recovered one but it won't have any of Rollo's prints on it either. It's all just circumstantial right now."
" How bad is he shot?"
" Just one bullet in the leg but the other guy got caught in the crossfire room suffered a pretty bad shoulder wound and died. They haven't done the test but I've got a hunch it was bullet I fired."
" Tommy what are they going to do to you?"
" Nothing this place isn't like Phoenix. The police are still police. It's going to be ruled justifiable homicide. The local lieutenant is really helping me out. What about it do you think you can get the county attorney to issue a warrant for kidnapping for Rollo?"
" Yea." Marisa said. "I do. I've got a girlfriend from law school runs the warrant department. I'll just enter it as a run of the mill request. She won't ask any questions. Chances are they won't even connect it to our murder case. Who do you want me to send the warrant too?"
" Lt. Madden Albuquerque Police Department. Thanks Marisa. You're a gem."
" Thanks Tommy. I'll tell Paco the good news. I guess prayer does work Chi Chi and his congregation will be glad to hear about the latest developments."
There was nothing for Tommy to do but play the waiting game. He wondered how far things would go with Marisa. He had dated a few professional women before but each had put their own career first leaving him out of the picture. Every indication had shown him Marisa was not that kind of women. Every sign had broadcast to him that she was available and willing to risk falling in love.
True to her word Marisa got an arrest warrant sworn out for Rollo and faxed it up to Madden. Three hours later Madden and Tommy were in a Police van driving Rollo back to Phoenix. He never objected to being extradited.
Madden looked over the purple hills traveling I-40 west towards Gallup.
" It's hard to believe all this beauty around us and people still kill and steal from one another."
" I know how you feel. It's like none of us open our eyes to the beauty that is around us. We are blind to it. How about it Rollo you ever stop to see what a beautiful world God made?" Tommy asked looking in the rear view mirror at Rollo shackled.
" Right. Man." Rollo responded. "Things really look beautiful from here riding in a police van to face a phony charge of kidnapping. How about a rest stop man so I can relieve myself."
" No problemo. Hold on a few minutes. I saw a sign back there we should be coming up to a rest stop any time."
The van pulled into a rest stop they opened the rear door and loosened Rollo's leg restraints. He had his hands manacled together and stretched a bit. The rest stop was full of semis, motor homes, cars and motorcycles.
While Rollo went into the men's room Tommy stood guard outside the entrance. Madden waited in the van.
Rollo sat on the toilet and after taking a rather large b.m. fished it out of the toilet bowl with his cuffed hands. Keeping his hands down in the front he approached Tommy.
" All done." Tommy asked. 'Put out your hands out I need to cuff your feet again."
Rollo. "Yea right." Rollo threw the b.m. into Tommy's face causing him to drop the cuffs. As Tommy tried to wipe the gross excrement from his face Rollo kicked him in the shins doubling him to the ground. A group of bikers were standing by the drinking faucet. Rollo ran by them and threw an older biker off his Harley Davidson. He kicked it on and sped off. Several of the bikers came running after him but were too late. He gunned the bike taking the front wheel high in the air and sped off.
Tommy raced back to the van yelling at Madden. "He got away. Let's get after him."
Madden threw the van into reverse and sped after him. They both knew it was a worthless gesture. Rollo was just a spec on the horizon and pulling away from them further and further every second.
" He threw shit in my face." Tommy said to Madden.
" There's some napkins in the glove box. Try and clean it up. I'm going to put out an APB."
Rollo was crammed forward on the bike trying to nurse as much speed as he could get out of it. It looked down and saw that the gas was on half tank and knew that he had to get off and break out of the cuffs. He saw a sign for Ortega's Indian Jewelry and pulled off. He steered the bike towards the rear entrance far away from any prying eyes traveling down the freeway and walked in. A young Navaho girl was standing behind the counter. She glanced up at him his hands hidden underneath his untucked shirt.
" Can I help you?" She asked. She looked out at his motorcycle.
" Yea." I'm having trouble with one of my motorcycle cables I was wondering if I could borrow your cutting torch just for a minute or two."
" The jewelers not here right now. I don't know if I should."
Rollo managed his best smile. "It'll just take a second. It just needs a quick weld. Otherwise I'll have to leave it in your parking lot. It would just be in the way."
" O.K." She said smiling back. "It's right back there on his bench."
Rollo walked back towards the bench and found the acetylene torch and a couple of others tools as well. He rifled through a couple of drawers and found some gold and cash and stuffed it into his pockets.
" I'll be right back." He told the girl as he walked outside towards the cycle. Keeping his back towards her he cut away the chain connecting the cuffs. After a few minutes he walked back in and handed her the torch."
" Thanks. It worked out good."
She looked at him suspiciously. "Didn't take you very long."
" No it didn't I just had to cut away a small piece of metal that had been dragging. Is that the back way into Shiprock?"
" It's the long way but quite a nice drive over 120 miles. It's beautiful some of the most beautiful desert you will ever see."
" Want to go for ride?"
" Don't tempt me. If I wasn't chained down here I definitely would. Nothing better than being on a Harley with your hair blowing in the wind." She smiled at Rollo.
" Yea." Rollo replied. "I know just what you mean. Thanks for letting me use your tool."

*

Rollo pulled out of the parking lot and took a road into the backcountry. The bike kicked up a cloud of dust as he throttled it into high gear. The loudness of the exhaust engines couldn't drown out the voice of his conscience reminding him he had murdered Big Pete. To complicate matters worse his conscience reminded him an innocent illegal was being held for a capital crime he hadn't committed. The gold coins that he had coveted were gone as was the life he had taken. He tried to imagine what it was like to be dead and wondered if there was a heaven or a hell. The heat rose from the horizon ahead of him and caused the bushes and mountain to tremor. From the dusk shadows his eyes saw a picture of Jesus on a cross looking down at him and asking the father to forgive him. It was unshakeable and he could feel the eyes of Jesus burning through him. He no longer could hide from his guilt. It was a cancer inside of him eating him up. He saw a small-dilapidated church up ahead. There were a few pickup trucks in the parking lot. For some reason without even knowing why he found himself pulling over. As he got off the cycle he could hear people groaning in the church. It was mystifying to him.