FINAL RECKONING

All police activity on Indian reservations is governed by the tribal council. Though the reservations exist inside of state boundaries they are under federal jurisdiction. The New Mexico State Police had their hands tied trying to apprehend Rollo on the reservation. They forwarded the APB to the Tribal Police but expected very little help from them. They knew the Tribal Council was funny about turning anyone over to the state authorities. It was almost as if their land was a sanctuary. Rollo planned to turn himself in once he got into Arizona. He figured it was best to go as far as he could and try to find a State Highway Patrol Officer to turn himself into..
Tommy got permission from his chief to stay around I-40 for the duration of the manhunt. He visited with Captain McPherson of the Arizona Highway Patrol and Glen Frost Sheriff of Hillman County.
" I just got word back from our Posse. We've got every route into Arizona covered round the clock by at least five cars. Not a vehicle is coming through that we aren't checking."
" It's a mess. We've got tractor-trailers backed up ten miles. Much longer and the governor's going to have our necks. We can't impede traffic like this for long on a major interstate and not feel the heat. Every hour we hold up those truckers companies are losing big money." The captain added.
" I feel like it is my fault." Tommy reasoned. "I had him in custody and let him get away. I don't think he is going to come down the main interstate. I've been studying the maps and I think he's probably gone the Northern Route and is going to head back into Williams and maybe try and take the back way into Phoenix through Showlow and Springerville. If I was him that's what I would do."
" Why's that?" Frost questioned.
" He knows where we're going to be looking for him. He can do at least a hundred and twenty on that Harley and beat anything we throw at him on the open road. We need to put some roadblock here south of Williams. Stop him before he hits the open road."
" What if he had ditched the bike?" McPherson questioned." What makes you think he is still driving the same get a way vehicle."
" You ever own a Harley?" Tommy questioned.
" No." Macpherson answered.
" Some of your men do don't they?"
" Yea."
" Ever known one to give it up... I didn't think so. He's on the ultimate machine - believe me he's going to stick with it."
" You want me to put the posse here?" Frost pointed.
" Yea. Give me four men with pickup trucks and a few pair of field binoculars and some Walky-talkies. When we see him coming we'll throw up a quick roadblock. We'll stop him for sure."
" What if he tries to go around?" Macpherson asked testing Tommy's resolve. "One way or another he's got to be stopped."
" He won't go around. He got away once won't happen again."
Tommy's sense of Rollo's mission was uncanny. They placed the vehicles four miles north of the I-40 just outside of Williams. The highway patrol had lent him an unmarked Chevy Camper they had confiscated from an interstate smuggling ring. He sat on the side of the road looking down through his binoculars.
" Posse this is Tracker come in. Over."
" Tracker. This is Posse. Are you getting hungry or thirsty up there? Over"
" No. But I've got to use the bathroom over."
" You want me to send someone up to cover for you?"
" No." Tommy responded. "I'll just make it quick."
Tommy took a last quick glance through the binoculars and rushed back to use the restroom.
The toilet was wedged up against the shower door and Tommy had a hard time fitting through. He finished his business and got up after flushing. He heard voices coming from his Walkie-talkie and rushed to get it. Just as he picked it up he heard the loud roar of a Harley Davidson engine.
" Mayday Tracker. This is Posse, suspect is descending hill. Get down here soon as possible. Over Out."
Tommy rushed to the front of the vehicle banging his knee on the console and after several cranks of the nearly lifeless battery got it to turn over. He banged his hands on the steering wheel in frustration. He could see the cycle disappearing out of view.
Rollo was deep in thought wondering if he would have to face the gas chamber for his murder of Big Pete. He saw several pickup trucks and cars parked on both sides of the road and several men running about but gave them just a cursory glance. As he got closer he could see they had weapons. Fear for his life pumped adrenaline into his veins and he revved up the engines hoping to get through their gauntlet before they pulled their vehicles across the road.
Bob Troutman a posse member, and experienced elk hunter lined up the front tire in the sights of his rifle. A moving target was the hardest thing to hit and the Harley was moving like a jet. He leaned on the hood of his truck trying to keep the rifle steady hoping he wouldn't have to use it and the fugitive would do everyone a favor and just turn himself in. He saw no sign of him slowing down and knew he had standing orders to bring the bike down. He fired his round. The round was high and hit the handlebars and shot up into Rollo's right lung where it exploded upon impact. Rollo slumped to the left and the bike careened sideways into the undercarriage of the Dodge Ram Charger. Tommy pulled up right behind the accident and jumped out of the van.
The bike was laying on top of Rollo wedged under the chassis of the Dodge. Blood was pouring out of Rollo's mouth Tommy approached him and tried to give him comfort.
Rollo recognized him. He was slipping in and out of consciousness. "Hi officer. Sorry for giving you the slip."
Tommy was concerned that Rollo was going to die and take what happened to Big Pete to his death with him leaving an innocent man to die for the crime. "Don't move we're getting a chopper here right away to get you treatment. How are your legs?"
" I can't feel them at all. I feel cold. It felt like something exploded in my lung. I don't think I'm gonna make it. Maybe it's better for everyone that I die too."
" What are you saying?" Tommy questioned. "Is there something you want to tell me about Big Pete?"
" Yea." Rollo stated. "I did it and I set the kid up too with my gun. I was going to turn myself in. I'm made my peace with God. I know He's forgiven me. I don't think anyone else will though."
" It's better you learned late than never at all Rollo. Some people never learn and go into eternity without God without peace. Maybe you're not going to die maybe things will work out for you." Tommy reassured.
The helicopter arrived about fifteen minutes later. The paramedics stopped most of the external blood flow. Rollo had lost so much blood that he slipped into coma. They placed him in the gurney and airlifted him to Doctor's Hospital in Flagstaff where he was rushed into emergency surgery.
Tommy made a call from the hospital to Marisa to tell her about Rollo's confession.
" Marisa. We caught him again but he took a bad shot to the lung. I don't know if he's going to make it."
" He's got to make it. Paco's trial is coming up we haven't got much a defense for him."
" That's the good news about what happened. Rollo talked to me before he thought he was going to die. He confessed to the murder and to planting the gun. I'm sure if I give an affidavit the judge will drop the case against Paco."
" He made a death bed confession. What prompted that?"
" He said he had made his peace with God. I think he was planning on turning himself in. We botched up the roadblock one of the sheriff's posse shot him while he was approaching. I don't think he even knew it was a roadblock. Look I called my chief and cleared it. I'm going to stay up here a few days and go with him when they transport him down to Phoenix."
" He's still under arrest?"
" Yea. We can't formally charge him so the charges are still pending. He's got to be able to understand the charges against him. I don't know what's better for him staying in the coma or coming out and finding out he's facing the death penalty."
*

The next morning Marisa went before the judge in chambers. Paco and Chi Chi waited in the lounge while she tried to cut a deal with Randall.
" Your Honor. Mr. Randall knows this deathbed confession of Rollo to Lt Mendoza holds more weight than any other piece of evidence in this case. It is signed and notarized by Mendoza."
" Your Honor. The man who made the confession Rollo Rodriguez is still alive so we can't consider it a last testimony."
" Your Honor according to Scott vs. Pennsylvania decision all that is necessary to rule the testimony in is the belief that the person giving his last testimony believed he was going to die. Rollo was on the side of the road with a 40-caliber bullet in his chest slowly bleeding to death miles from any hospital. I think there is plenty of evidence to support the fact that he came clean about the homicide and about planting the weapon because he thought he was going to die. It's a preponderance of evidence your Honor in a capital crime case where the majority if not all of the prosecution's case is built on circumstantial and conjectural evidence. Rollo Rodriquez confessed to the crime, Paco Sanchez denies his guilt. Your Honor I move for a dismissal on all charges and a full return of all bond monies."
" Your Honor. I wish to remind Ms. Ramona that her client is being tried for both capital murder and for manslaughter in connection to the death of the officer during the arrest."
" I am aware that you've stacked two charges against my client an indigent alien. If the one charge is to go then the other charge should go as well. They are totally related to each other. My client would not have been fleeing arrest had not someone else as attested too in this affidavit admitted to planting a gun and trying to frame him for a murder he did not commit."
The judge deliberated. "Mr. Prosecutor, I am not so sure you have the interest of the people in this case. I have watched you grandstand over this case using it as a stepping stone to the governor's mansion. You need to watch on whom you step. Especially when those you chose to make sacrificial lambs out of are defenseless and powerless to fight back. Ms. Ramono is correct both charges are intrinsically related. I am going to dismiss them both. Don't use my court for grandstanding again Ted no matter how much you want to be governor."
Marisa went out and delivered the good news to Paco and Chi Chi.
" It's over Paco. You are free to return to your family in El Salvador."
" Really senorita. They dropped the charges? Gloria a Dios. God has heard my prayers. Thank you so much."
" Look, I talked it over with the church and we are going to make your home town our mission project. Twice a year we are coming down to help you build houses and start small businesses. Maybe by helping your village help them selves so many young men won't have to make the dangerous trip to America. I talked with everyone involved with the legal defense fund, after we pay Marisa's extra expenses and give a young girl the reward money we'll be using the rest to get our missionary project going."
" Will I ever be able to come up and visit you again?" Paco questioned hoping he wouldn't lose his friend and mentor.
" Yes." Chi Chi replied embracing the young man. "Mi casa es su casa."