Max took the knife he'd taken when Marty was in the break room and held it to Rachel's throat.
"You're getting me out of here, right now, I want my son and I'm going to get a free ride out of here." He snarled.
"Max, you won't get away with this you are in a federal building, you won't even make it out of the door." Rachel warned him, "You need to give yourself up; you won't be able to look after Jake if you're dead."
"MARTINO!" Max shouted pulling her closer to him, "His name is Martino…I wanna see him now." He moved towards the door, and nudged Rachel so she'd open it.
She did so with her eyes closed praying that someone in the other room had alerted Gibbs and his team.
The door opened and Max stood there face to face with Gibbs, DiNozzo, Bishop and McGee all pointing their guns at him.
"Give it up Giamatti, you're not getting away. Let Dr. Cranston go." Gibbs said.
Max laughed, "You really think I'm that stupid? I let her go and you shoot me…or would you…remember your agent is in here too, or was Deeks right, he'd just a cop…would you shoot him?" Max taunted.
"Not a member of my team." Gibbs snarled back, "You need to see your son, what means more to you Giamatti?"
"I want my boy!" Max yelled, Rachel wincing as Max pulled on her hair.
Abby and Callen came up the hallway, Callen guarding Jake and protecting Abby at the same time.
"Deeks?" Callen raised his gun at his friend.
"I want my boy Callen, and I want out of here, I don't care who I kill to do it, you stole my son."
"You gave him to me; you wanted me to adopt him." Callen said, "Let the doctor go."
Max moved the knife and Rachel screamed as a single shot rang out.
Callen looked shocked as Gibbs' gun still smoking was handed to McGee, "Box that, DiNozzo find that doctor, Bishop, take notes." Gibbs ordered as Rachel turned and checked on Deeks.
"He's alive, but you shot him in the neck?" She said, holding her hand over a wound that was rapidly bleeding.
Dr. Strohl came running up the corridor, "What happened?" He asked.
"I shot him." Gibbs said as the doctor started patching up his wound.
Max lay on the floor; he was unconscious not just because of his wound, which was still leaking badly but also because he hit his head on the way down.
The paramedics arrived and took him off to the hospital, "As soon as he's stable we need to have him transferred to a secure facility." Rachel said.
"Should be jail…" DiNozzo snapped. Gibbs put his hand on his shoulder.
"Calm down Tony." Gibbs said.
"He nearly killed Rachel!" DiNozzo snapped.
"Max nearly killed Rachel Tony, but Deeks is still in there." Callen said watching as the paramedics took him away.
"You think this Deeks is really worth saving?" Tony asked.
Callen looked at the man he considered a brother, "Tony, Deeks is as much a member of my family as you are, and I've never had any problems saving your skinny butt!" he grinned.
Tony looked behind him, "You really think its skinny?" he asked.
Callen laughed knowing that Tony was just trying to diffuse the tension. He turned back to Abby who had taken Jake into a side room as the gunshot went off.
He was crying and Abby was making soft shushing sounds.
"Hey little man?" Callen said as he took his son from Abby's arms, "Its ok, G's here."
Abby looked at him, "You're his father now Callen, Deeks signed the papers."
"There's still a chance Deeks will get better and want Jake back." Callen said.
"I don't know Callen, he was pretty out of it, you need to focus on Jake now, he's your family." Abby said to him.
Callen turned abruptly, "Deeks is my family too, and I want him back and healthy and with his son." He snapped and walked out of the room leaving Abby aghast.
Callen walked holding Jake down the hallway, "Gibbs, I'm taking my team back to Los Angeles, Jake needs to get settled and Deeks needs to be transferred down there as soon as they can move him." He told him.
"Calm down son." Gibbs said putting a hand on Callen's shoulder and stroking Jake's head. "Let's see how Deeks is in the hospital first, and then we'll see about transferring him." He said.
Callen nodded and placed Jake in the car seat, "He's coming too." He said.
Gibbs rolled his eyes at the stubbornness of his boy and nodded, "Tony, go with him, I'll deal with IA and meet you at the hospital.
Callen and Tony stepped off the elevator and onto the floor; they were told Marty was on and they headed to the nurses desk.
A doctor stepped out of the room and noticed their guns, "Are you here for Marty Deeks?" he asked cutting them off.
"Yeah, I'm Callen his team leader. How is he?" he asked.
The doctor looked at him sadly, "I'm Dr. Salitari, I'm sorry Mr. Callen, I'm afraid Mr. Deeks' carotid artery was nicked and he didn't make it."
Callen took a step back and looked at the doctor, "What? Deeks…No? He can't be?"
"We have contacted his next of kin and his body is being shipped back to Los Angeles as we speak."
Callen nodded blindly and turned carrying Jake and left the building.
DiNozzo caught up with him, "G?"
"He's dead Tony, Deeks' is dead…" he looked down at Jake, "He's gonna grow up knowing that I couldn't save his dad."
Callen sat on the bench, "Kensi is gonna take it hard, she did when he disappeared."
Inside the hospital, the 'doctor' took his lab coat off, threw it in a trash can and walked up to the nurses' station.
"Hi, my names Callen, I've come to see how Marty Deeks is doing."
The nurse looked up, "Hello, yes your on the list, Mr. Deeks has come through well and he should be ready to be released in an hour. You can see him if you like?" she said affably.
The man smiled, "Thank you…I'd like that then I can tell the team he's ok."
The nurse showed him to the room and the man opened the door.
Deeks was lying on the bed a large gauze pad taped to his neck, the nurse left and he opened his eyes, "Marc?" he said looking at his brother in law.
Marc Giamatti smiled, "Hey Max, I'm springing you out of here." He said with a smile.
"Good!" Max said and turned to Marc, "How did they let you in? The cops'll be back soon, you don't want to be caught here."
"Don't worry I've dealt with that, I ran into that Agent Callen, he thinks you're dead, rest up brother, get yourself healthy and we will head back to Los Angeles and we will get your son back." Marc told him.
"Thank you." Max said and sighed, "There's no way I want that man bringing up your nephew." He said as he closed his eyes.
"Me neither…" Marc smiled as Max fell asleep, "I don't want you to either." He added when Max was asleep.
Marc picked up the phone, "Sara, I've got him…No, the feds think he's dead, I can't get your boy yet but I am working on it, pack a bag, I'll have him on a plane to Los Angeles tomorrow."
Callen walked into the bullpen, Kensi and Sam were talking to McGee as Callen put the baby carrier on Bishops desk.
"Hey how's Deeks?" Kensi asked.
Callen looked at her, then saw Gibbs, and walked out of the bullpen.
Gibbs nodded towards the elevator and Callen gave a nod and walked in there.
He hit the emergency switch, "What's wrong Callen?" he asked.
"Deeks is dead." Callen said and leant against the wall.
"What?" Gibbs knew he hadn't injured him that badly.
"We saw a doctor, the bullet nicked his artery and he bled out during surgery."
"I'm sorry." Gibbs said.
Callen turned to the man he felt of as a father, "I can't do it, I can't tell Kensi that she's lost another partner."
Gibbs looked at him, "Don't I'll deal with that, you go inform Vance and then go deal with your son."
Callen looked stunned, "He is mine now isn't he? I hoped that Deeks would want his son back and that he would come back to L.A. with us."
Gibbs nodded, "Just bring him up in such a way that Deeks would have been proud of him."
Callen nodded as Gibbs hit the switch and the door opened. "We'll head back tonight." He said as he exited the elevator and walked past his team heading up the stairs to Vance's office.
Gibbs walked over to them all and stroked Jake's head.
Kensi looked over at him, "Gibbs? Where's Callen going?"
"Kensi, I'm sorry….Deeks…" He stopped as she shook her head and ran out of the bullpen and right into Callen who had turned back.
"Kensi," He grabbed her and held her tight as she sobbed into his shoulder.
"I…I can't believe it, not again." She sobbed.
"Hey Kensi, it's gonna be ok." Callen said rubbing her back.
Kensi knew his words were meaningless, she knew that Deeks wouldn't want her to lose it over him, but he was her partner and she was damn well sure she wasn't going to just let his death go.
She turned and looked at Gibbs, "I hope you're proud of yourself, you're going to have to look that little boy in the eye one day and tell him you killed his daddy." She snapped.
Sam stepped in and turned Kensi away from Gibbs, "We'll go G, we'll meet you at the airport." He said.
Callen looked from Gibbs to Tony. "We have to head back, you tell Vance, I'm going to head home and grab Jake's stuff and head back to LA. I'll keep in touch." He said as he gave Gibbs a hug.
He left and Gibbs headed up to Vance as Abby walked in.
"Hey guys! Where Callen and the little man?" She asked.
McGee looked sad he hated having to do this, "They've left to go back to LA." He said.
"What? Why? They never said goodbye, and after I had news too!" she looked pouty but listened as McGee told her what had just happened in the bullpen.
Gibbs and Vance walked down the stairs Gibbs shooting glances at Abby who didn't look half as upset as he expected her to be instead she looked downright mad.
"But he isn't!" Abby said looking at McGee as if he was crazy.
"Callen just told us," McGee said.
"He's telling the truth Abbs, I was there!" Tony said gently grasping her arm she shook it off and looked at Gibbs.
"He's not dead Gibbs!" she said.
"I'm sorry Abbs, but it was confirmed." Gibbs said trying to stop her going into hysterics.
"No….Gibbs, you're not listening to me! I'm not hysterical, I'm not in denial, I'm telling you he's not dead! I saw him half an hour ago leaving the hospital as I went to visit a friend. He was with this guy!" she took out her phone and showed Gibbs the picture of Max and Marc Giamatti leaving the hospital. "I was worried because I thought he was still in custody, but this agent seemed to be letting him walk?"
"That's not an agent." Leon said.
"No that's his doctor." Tony replied looking at the picture.
"No! That is Marc Giamatti; he's on the FBI's most wanted list." Leon said to a shocked room.