- Hard Fall (26 page)

So I will ask Mr. Varghese again, you are Deputy Peterson's friend and you were a witness at the time of the altercation."

"Yeah."

Irritation flashed across the Judge's stern face. "Yeah and Uh-uh don't do it for these tired old ears. Is that a yes?"

"Yes."

"So we have a friend who is also a witness, a Garfield County Deputy and a Bureau of Land Management Enforcement Agent who were involved in an altercation, so they get to wear the hat of defendants as well." He tapped his file a few times then looked to Ranger Slokum. "And then we have this lovely young woman in the uniform of the National Parks Service and I'm waiting to find out why."

"Nadia Slokum, Senior Law Enforcement Ranger assigned to Bryce Canyon," she gave the best southern smile I'd ever 234

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seen as she drawled out, "friend and character witness, I guess."

Judge Creek thought on that a moment. He sucked in his lips like he tasted something sour then asked, "Mr. Varghese, you don't have anything to do with law enforcement do you?"

With a snort, Ramon blurted. "Only from the behind the bars part of it." I could hear his attorney huff like all the air'd been kicked out of him.

The court went real silent for a while. "I told you already once about keeping your opinions to yourself." When the judge swung his full bore attention to Higgens, you could tell Ramon's attorney wished he were someplace that was not where he was. "Counselor, you might want to inform your client that another outburst like that and he's probably gonna need someone to bring him a toothbrush." That glare coulda wilted me. Higgens didn't say nothing, 'cause obviously Judge Creek explained it well enough. "Now, since he brought it up."

That dower scowl got turned on my Kabe. "Felony or misdemeanor record?"

Kabe shifted and hemmed until I added my frown as well,

"Federal, felony." He blurted it out and dropped his gaze to his feet.

"What for?"

"The charges?" Staring at the ceiling, now, like the answer was up in the light fixtures, Kabe all but mumbled,

"Possession of a controlled substance on Federal property.

Defacing government property."

"Selling drugs and what'd you do, put panties on a statue of Brigham Young?"

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"I wasn't selling," a little color crept up through his neck and lodged behind his ears, "they didn't go for intent to distribute, I just got caught holding for someone else, although I knew I was holding and we were doing a free solo on a federally owned dam at the time."

Judge Creek chewed on that a bit then looked straight at me. "Does he always talk in circles like that?"

"Pretty much." I shrugged.

"Deputy Peterson, do you know what that means in English?" He sounded perplexed and somewhat amused. "I got the drugs part but free what?"

I couldn't help but smile. "Mountains and ropes ain't good enough for him, sir." My Kabe, the adrenaline junkie. "He had to go trespass and climb a man-made structure with just his fingers and toes to hold on with. In search and rescue, we call it 'you fall, you die' style climbing."

"Impressive and stupid." The judge shook his head. "I was going to say that hopefully being friends with one of Garfield County's finest might rub off on him. But you're here as a defendant, not Mr. Varghese." Drawing in a large lungful of air, Judge Creek picked up his files and then dropped 'em back on the bench. They hit with a smack ... as good as a gavel for calling attention. "So back to where we were, would the esteemed prosecutor want to explain to me why I have arraignment slips for two law enforcement personnel for disturbing the peace? I'm assuming we expedited it all as a professional courtesy?"

"Yes, your honor, that would be correct." She pushed a lock of hair behind her ear and flipped open the files. "As per 236

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citation in the record, defendant Joseph Price Peterson and defendant Ramon Piestiewa were witnessed having an altercation in a parking lot off Province Center Drive. Officers were called and when they arrive they found Defendant Peterson still at the scene." Her fingers danced back and forth between the two files to get all the information. "Defendant Piestiewa had fled. Defendant Peterson bore evidence of the fight and admitted to officers that there had been an altercation. Defendant Piestiewa was located subsequently.

Both defendants declined to press assault charges against the other. Both were cited for disorderly conduct and disturbing the peace."

"Those are the charges, gentlemen." Judge Creek leaned back in his chair and looked over at Higgens. "Counselor, how does your client plead?"

"Not guilty, your honor." The man sounded as bored as he looked.

"So noted. Clerk'll get you a date in just a moment." Now the judge's attention came to me. "Joseph Peterson, do you wish to enter a plea?"

"Yes, sir."

Leaning forward, Judge Creek rested his elbows on the bench and his chin on his fists. "Are you sure you don't want me to put this off until you can get a lawyer?"

"No, sir." I didn't think I needed a lawyer much. What could they do? I'd done it. "I seen enough of it to know how it goes. I just need to get it over and done." Time to get my sentence and move on to whatever might happen next.

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"Well, you know the pleas." He nodded at me as Ramon's attorney started packing up his file. Their part was done.

"What are you opting for?"

Ramon bumped me as he moved by. I knew he meant to do it, but I wasn't about to rise to his fight again. He got me once and that was all he'd get. I stepped to the side and said strong and clear, "No contest."

"Not pleading guilty but declining to dispute the charges,"

Judge Creek stared hard at me, "is that what you're doing?"

"Yes, sir."

"Yeah, 'cause he knows he's guilty as sin." Ramon sneered from somewhere behind me. "He and that little convict of his." I didn't let on that I heard it and I hooked my finger in Kabe's pocket and yanked, adding a little growl to let him know he shouldn't neither. Kabe swallowed the spite I could see trying to break free of his mouth. When I knew Kabe wouldn't open his yaw I let him go.

Real slow, the Judge wrote down my plea and said, "I'm going to ignore that for the moment." When he looked up, it was straight at me, like if we all pretended Ramon wasn't there we might get through it. "You want sentencing now? I take it this has a lot to do with your POST certification?"

"Yes, sir," I nodded, "I'd like to get it resolved, so my department can make their decision."

Judge Creek used his pen to point at Kabe and Nadia. "And that is why you have witnesses?"

"Well, sir," I sorta half-smiled, "didn't ask 'em to be here, but here they are."

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"You go somewhere with that little girly boy not tied to your hip? I thought you'd all but done moved in together."

Ramon's voice crawled up my spine and clouded my vision with blood ... his.

Before I'd thought it through, I spun and growled out, "You shut your yap and go home Ramon. You got us into it in the first place and I don't need to hear none of your nastiness no more."

"My nastiness." He leaned in over the wooden rail and darn near spit, "I ain't the one having an unnatural relationship with him. You're just sick. Jessie's a damn sight better off without you and thinking like she loves you."

Kabe was right up behind me. "Yeah, well Joe's better than you'll ever be!"

"Well and you would know." Ramon ignored his attorney trying pull him back and away. Slapped the guys arm away and gave out more spite, "Down on your knees for him. Does he make you dress up like a girl when you do it?"

"Ramon you back off!" One hand went up as though to push him back, although he weren't nowhere near me. The other I set into Kabe's chest and tried to move him away.

"Kabe, shut up." I turned away from Ramon. Didn't want to give him my back, but I had to. I just stared into Kabe's eyes.

"Don't you say nothing more or they'll have good reason to lock me up, you understand?" I figured we had about two more seconds before the room filled with bailiffs.

"There are days when I miss not seeing daytime drama."

Judge Creek drawled from the bench, his hand poised over the phone. Okay, maybe we had one second before he 239

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pushed the panic button. As everyone relaxed, just a hair, he moved his hand away. "And then I get cases like this. Let me ask you something, Deputy. Are you," the judge waggled his finger back and forth between Kabe and I, "and he ... well, I don't know even how to call it."

This was a court and beyond just the oath I'd taken that morning I had a sworn duty not to ever lie to a judge. A lump the size of the Rockies tried to go down my throat. "Yes, sir."

Judge Creek kept his voice real low. "And were you dating some gal named Jessie that he," now he pointed at Ramon,

"was also dating."

"I ain't never dated Jessie." It came out so soft, I'm not sure I heard it.

Judge must've since his next question hit me hard, "'Cause of him?"

I looked at Kabe. I ain't never seen that boy look so sorry.

I felt Nadia's hand light on my arm. "Not quite right," Lord, I did not want to be discussing this, not here, not ever, "but good enough for government work." At least I had two people to prop me up so I wouldn't fall down.

"Okay." Judge Creek blew the word out like it sorta settled something with him. "And I'm not going to ask you," he glared at Ramon, "'cause you're lawyered up." The judge asked it of me instead, "Did he like this Jessie?"

"From what I understand."

Dropping his fist on the bench and making us all jump back a little, he barked at Ramon. "And why aren't you just happy as hell that he's run off with some guy and left her to you?" He threw his hands up. "Never mind, your lawyer's 240

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gonna tell you not to answer that. You can go on and take your client outta here, Higgens." Rubbing his temples with his fingers, the Judge waited for them to leave. Then he asked,

"So that's what this is about. He don't like you because of what you are?"

"As far as I can tell, sir."

"You, son," He swung his glare to Kabe, "who threw the first punch? You lie, you're on parole and you're gonna go right back ... you understand that, right?"

"Your honor, they were having an argument. Joe tried to walk away and Ramon wouldn't let him by and then Ramon punched Joe." Wide-eyed Kabe, like the Judge might not believe him, rushed the next out, "I swear that's the truth."

"Did Deputy Peterson give it back?"

"Yeah, but..."

"No yeahs, no buts." Judge Creek cut him off. "You can sit down now. And I guess you're going to tell me he's a good guy."

Nadia patted my arm, she hadn't let go since this part started. "Your honor, I've been working with him on an investigation. Joe pulled all the pieces together, he caught the guy: Murderer." She glared over her shoulder at the door like she was killing the spot Ramon last was in. Knowing what I did about Nadia, I knew where some of that paint peeling stare came from. "I think Ramon was jealous of that. Couldn't stand that somebody like Joe beat him to the punch. I'm surprised at Joe's restraint." Turning back to the judge, she told it real simple, "Ramon has been mouthing off to everyone who'll let him have an ear. And I think he's pissed that Joe 241

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won't give it back." She snorted, "I don't know if he's just got something really tiny that he's trying to make up for. But Joe's been pushed hard. And he's just taken it."

For a while the Judge thought on things, leaning back, staring at the calendar off to his left. Then he turned to me,

"You're LDS, aren't you, Deputy? Seen you 'round at some things."

That's it, I was done for. "I was, until recently, sir." My voice faltered about three times in that short sentence.

"'Cause of this?"

"Yes, sir." I couldn't quite look at him.

"You're worried that I'm going to hold it against you, aren't you?"

"Sir," I tried keep my tone as respectful as possible, "cain't say it didn't cross my mind."

"Well, the reports and witness statements I got tell me a story. You were fighting. I'd expect better of you." I earned a long, hard stare at that. "This is a quiet, God-fearing town."

Then he looked to me, and to Kabe and back to me. "I can't say that the whole you and him thing sits easy with me and my faith. But I am not you." He steepled his fingers in front of his nose. "And I am a judge. And as a judge I follow the law."

He sat up straight. "The plea of No Lo Contendre is accepted by the court. The court after considering the evidence and the witness statements is issuing a finding and sentence." Turning his attention to the papers in front of him, Judge Creek wrote as he spoke, "Statutory fine for fighting is nine-hundred and fifty-seven dollars. However, the court does also find, and is putting into the record, that Defendant was defending himself 242

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after trying to avoid the fight. Although he allowed himself to be provoked, he did back off before it went too far. Defendant also was cooperative and remained on the scene, unlike the other participant who left." He dropped the pen, looked up and smiled at me, "Thus, the court sentences you, Joseph Price Peterson, as follows: I hereby reduce the charge down from a class C misdemeanor to an Infraction. You are to pay the fine of one hundred dollars for disturbance of the peace.

Any excess paid in bail is to be returned to you. Good luck, Deputy. I hope things work out for you. You obviously have a good deal of people who care about you." He started to stand, then sat back down and studied me. "How's your job?"

Kabe had gone all grins and I had to tear myself away from that sight to respond, "Excuse me sir?"