All the way home.

Posted originally on the Archive of Our Own at http://archiveofourown.org/works/1053864.

Rating:Teen And Up AudiencesArchive Warning:No Archive Warnings ApplyCategory:GenFandom:NCIS, NCIS: Los AngelesCharacter:Marty Deeks, Jethro Gibbs, Anthony DiNozzo, Timothy McGee, Kensi Blye, G Callen, Sam Hanna, Ellie Bishop, Hetty Lange, Leon VanceAdditional Tags:Organized Crime, Hurt/Comfort, FamilyStats:Published: 2013-11-21 Updated: 2014-02-28 Chapters: 8/? Words: 15556All the way home

by CALLEN37

Summary

When Deeks disappears in dubious circumstances and reappears nearly 3 years later his name on an NCIS Most Wanted list. Will he be able to explain what happened and where he's been...or is he really on the wrong side of the law this time. W I P.

Chapter 1

3 years ago:

He stumbled in the dark, he had no idea where he was and his head hurt.

"GENTRY!" A man ran over and helped pull him away from what he noticed was a dangerous drop.

Max Gentry rubbed the back of his head and looked at the body of the man floating in the water.

"Who's he?" Max asked looking at the gun in his hand.

"Some navy cop. You shot him." The man looked at him, "You ok Max?"

"I…I don't know."

Max followed the man and climbed into his car.

"What happened?" Max asked as he leaned his head back on the headrest gently rubbing the sore spot on the back of his head.

"Oh my God, it was awesome, the deal was going down, and we had the Mitchelli hoods on the run, and some stupid navy cops tried to stop us, Darius Mitchelli is a navy guy. He'd been selling our stuff to the navy and their cops got pissed."

"So what was awesome?" Gentry growled.

"You…you were, some guy hits you on the back of the head, a whole load of navy cops show up and you beat the shit out of this one guy and dumped him in the drink!" the man was practically bouncing up and down with excitement right now.

Gentry groaned and rub his head again.

"I need a drink." He groaned.

"You'll have to have it on the plane."

"Plane? What plane?" Gentry turned and pulled his gun on the man driving.

"Bosses orders the LAPD cops are looking for you, the navy cops too, it's too hot for you here, gonna send you to stay with the bosses sister in Washington D.C." the man said.

They pulled up at LAX, "The boss says you have about 5 hours before they track you down and the navy cops said something about killing you if they got there hands on you."

"I don't….I don't remember?" Max said worried.

"It's ok," The man said handing him the ticket, "Sara's meeting you at the airport, she knows what you look like and she'll be there to help you."

"Sara?" Gentry asked confused.

"Sure, Sara Giamatti, the bosses sister, but remember, even though you're going to be the other side of the country, Marc Giamatti is your boss and will remain so, this doesn't get you out of your debt to the family." The man said.

Gentry nodded and took the ticket. "OK."

He took a few steps away, "Hey Max?" the man said. "Gun?" he prompted.

Gentry took his gun out and tossed it at the man, "Keep it safe, I'll be back for it."

Gentry walked toward the gate and his new life.

Kensi looked at the footage, that Eric was pulling up on the big screen in ops and was shaking her head, "There has to be some mistake?"

Hetty looked at her, "I talked to Lieutenant Bates, there is no mistake, If Eric can get the footage, Mr. Deeks attacked a NCIS agent and threw him off the docks into the water, and he's in the ICU right now and may die." She said sadly.

"But why?" Callen asked, "I mean I know he has a rocky relationship with the LAPD, but Deeks wouldn't do this." He defended his friend.

"Look though." Sam said turning and watching the footage again, "Maybe he was drinking; he staggers out from behind those pallets and then goes for the officer."

"Sam!" Kensi snapped, hurt that he'd blame her partner. "Deeks doesn't drink. I mean I know he says he does, but have you ever seen him drink…really?" she asked.

"No, I haven't."

"It's because he doesn't he was too afraid of turning into his father."

"Who's that?" Callen asked looking at the man that Deeks shot as he stumbled again.

"That is our case, and why as of right now Mr. Deeks is on our most wanted list. That is Special Agent, Dan Dickson. He's one of us, NCIS out of San Diego. He was chasing a Darius Mitchelli who was a petty officer on the US Georgetown and he was dealing drugs to the crew."

"And Deeks just shot him?" Callen asked.

"Deeks shot him in the head? Special Agent or not, Deeks should have aimed for a non fatal area." Sam snorted.

Kensi's hands flew up to her face, "No…!" she watched stunned as a man came over to Deeks and helped him up, walking past the special agent Deeks kicked his as he held his head and climbed into the dark colored saloon car.

"Where did he take him?" Callen asked turning to Eric.

"LAX about five hours ago; Mr. Deeks has dropped off the grid." Eric told them sadly.

Max got off the plane and walked towards the exit, the lack of a bag or anything else worrying him.

He got to the main terminal when he saw a pretty dark haired Italian girl "Max!" she called as he walked out. She ran up and hugged him.

"Hello Sara." Max said.

"Jake said that Marc had asked you to pick me up?" Max said.

Sara's face fell, "Max? You don't remember me?" she looked hurt.

"Should I?" Max said.

Sara produced a picture of him and her last Christmas, "Marc's Christmas party, we, we had a thing."

"A thing." That struck something of a chord within him.

She wrapped her arms around him and kissed him deeply. He groaned into the kiss. "Sara." He said remembering the feel of the woman in his arms.

"You do remember." Sara smiled, "Max…lets go home." She took him by the hand and they walked arm in arm out of the airport.

It had been three years, the team had searched the length and breath of the country and there had been no sign of Deeks, Monty had gone to live with Sam and his family, Kensi had gotten a new partner, who after a rocky start had finally fitted in, Eddie Regan had transferred from San Diego and was a welcome addition to the team. Hetty had done away with the LAPD liaison position after Deeks but had this time stayed with the team, Callen forestalling every attempt of her's to quit. Callen himself had only in the last month or so begun to let Regan in on the team. Although he still held out hope that one day they would find Deeks and he could explain what had happened. Kensi still had a few shirts of Deeks' and had a box of stuff from his old apartment which he doggedly held onto for him.

The FBI has watched his mothers' house for nearly a year until they were sure he wasn't going to turn up there and Ray, Deeks' childhood friend had been relocated again on the witness protection program and watched for the same length of time.

Regan sat as he always did for an hour before work and an hour after work every day, working on his paperwork and looked up as Hetty walked in.

"Hey Hetty, these should be with you in an hour." Regan said with a smile.

Hetty smiled back, "Thank you Mr. Regan, however I am not here for your paperwork." She said.

"Case Hetty?" Sam asked.

"In a way, the Mitchelli case."

"Mitchelli?" Callen started. "Deeks' case?!"

"New leads?" Kensi asked hopefully?

Hetty shook her head.

"No, the FBI have been advised that seeing as all trace of Mr. Deeks has disappeared, none of his bank accounts touched or family contacted, the director of the FBI has had Mr. Deeks declared legally dead." She informed them.

Callen and Sam looked mad and Kensi looked distraught, "He's not dead Hetty, I just know he's not dead." She said tears pooling in her eyes.

Hetty looked on sadly, "I'm afraid I have no other information for you either way." She admitted and walked back to her office.

Max looked over at Sara, he smiled as she stroked her belly, he reached over and felt his son kick, "Hey little man, not so impatient eh, you'll see your mom and I soon enough." He smiled as he kissed Sara.

Max looked down at his wedding ring and twirled it absentmindedly, shaking his head as the brunette beauty with mismatched eyes flashed in his memory again. "Max?" Sara asked, "You alright?"

Max nodded, looking at his Raven haired Italian wife. He had felt safe in the year since they had married and he had changed his name to hers. Also his brother in law had finally, this week handed him control of their east coast operations.

Max Giamatti held his wife in his arms and kissed her passionately "I have to go I'm meeting Gio, he has a source for distribution in Anacostia." He told her, "I won't be long." He said.

"Be careful mi amore baby Martino is restless today, I think he feels something is wrong." She said.

"You rest and I will be back in a few hours."

Max walked out of the room as closed the door as his wife rested; she was in her third trimester and needed all the rest he could get. He walked to the hall table and took out his Smith and Wesson that he kept there. Luca his second looked at him, "I thought we were talking to Gio today?" he asked.

Max smiled the feral grin that made Luca's blood run cold.

"Gio has been talking to people he shouldn't, I intend to make sure that stops." Max said quietly and menacingly.

Chapter 2

Gio Martinez sat on a bollard on the dock smoking a cigarette and watched as the two men pulled up in their dark sedan.

"Hey Luca, you're late." He snapped and then he took a good look who was there. "I…I….Max…I never realized you'd be coming?" he stammered.

He had been told that Max Giamatti was going to oversea some of his operation, but had no idea it was tonight. He started to sweat, he had hoped to sell Luca down the river to the feds, and lessen his charges, but this was too big, an actual Giamatti, here!

"I hear you been talking to some 3 letter birds." Max snarled, the whiskey he'd drunk earlier was obvious on his breath and Luca stepped back.

"I…No?" he said he shook a little as he remembered he was wearing a wire, Agent Sacks had given him.

Max looked at Gio who was shaking, "Luca, check the perimeter, see if we're being watched." He said and raised his gun at Gio, "You looked scared there boy, What'cha scared of eh?" a snarl like grin crossed his face, "Are we being recorded?"

The kid shook harder, "They said…they said I wouldn't do jail time, It was only to get Luca, I didn't know you'd be here sir." He was crying now and Max smiled.

"Luca is my second, there is no way I'd let the feds take him, or you…They are right Gio, you won't do jail time."

Gio relaxed for a second and then stopped looking at the nasty smile on Max's face. "Wait…my family…."

"I'll take care of your momma Gio, she bakes great cookies, and my wife loves them."

"So you're going to let me go…I'll take a message to the feds, I'll tell them I was wrong?" he begged.

"What was the agents' name…the one in charge?"

"F…Fornell….and …S…Sacks…" he stammered.

Max smiled again and pulled Gio in close so his mouth was next to the microphone on Gio's wire. "Agents' Fornell and Sacks, I suggest you stay out of my affairs and away from my family." He warned and pushed Gio away from him.

"No….NO! NO!" Gio took off running until two shots to the head stopped his flight cold.

Luca walked back in and looked at the body. "Max?" he asked.

"He was going to betray you." Max said simply.

Luca looked at the blond haired man in awe, "So you just took him out…this may create a problem." Luca warned.

Max smiled "Someone once told me the only easy day was yesterday." He laughed.

"Yeah…Who?" Luca asked and stopped as he saw the frown pass his face. "Sorry man I forgot." He said as they walked back to the car.

Max shook his head, "it's not your fault, the fact I can't remember doesn't really bother me that much anymore, I mean, if I'd had someone out there that cared they'd have come and found me, the only people that do care are Marc and Sara."

"I care Uncle Max." Luca grinned at him.

Max rolled his eyes and ruffled the boy's hair.

Luca was a good kid; he had worked hard and was Marc's son all the way. Max was surprised when a year ago Marc had sent the kid to live with him and Sara and learn the business. But he'd taken to him well and although no one else in the business knew Luca was Marc's son Luca was trying hard to earn money and make his father proud.

"Come on kid, let's get home before the cops show up." He said and climbed into the car.

Four hours later the dock was swarming in FBI agents as Gibbs and his team pulled up.

Fornell frowned as he saw his friend climb out of the car.

"Jethro, why are you here?" he asked confused.

"Dead body." Gibbs said gesturing at the body of Gio Martinez lay out on the dock.

"Oh no!" Fornell stood in front of him as DiNozzo, Bishop and McGee all piled into the back of him, Gibbs glared at them and they backed up. "This is my case Gibbs, this one is personal. You're not getting it."

Gibbs looked at his old friend and took him over to one side, "I got a call that this might be tied into the case of the murder of an NCIS agent." He said.

Fornell looked at the body, "You think Gio Martinez murdered that San Diego Agent?" He asked.

Gibbs shook his head, "No, but maybe it ties into it…care to share?" he asked. "Maybe we can help."

Fornell looked at him, "Your office an hour." He said.

"My guy's get the body." Gibbs said and nodded to his team to get to work.

Fornell looked at the team and noticed the new member. "You got Bishop, from the NSA?" he asked.

"Yep?" Gibbs said smugly.

Fornell smiled, "Good luck with that." He laughed. He called Sacks over and they headed out leaving Gibbs and the team to do the legwork.

"DiNozzo, bag and tag, Bishop, sketch, McGee, see if that camera over there works, need some video thingy for it."

"On it Boss," they all said.

Back in the office, DiNozzo had taken the evidence down to Abby in her lab as Ellie Bishop sat cross legged on her desk chewing on a granola bar and McGee was pulling up the security footage from the murder scene.

Fornell walked in and looked at the scene with a wry smile, "all working hard Jethro?" he asked.

Gibbs shot him a look and walked around his desk, "You up for sharing now Tobias,"

He slammed a folder on his desk, "Gio Martinez a small time runner for the Giamatti family. The L.C.N task force have been following them for some time, mostly with his activities on the west coast but a few years ago a new player arrived, we don't have much information about him, we know he didn't exist prior to three years ago, his name is Max Giamatti, brother in law to the head of the family Marc Giamatti. He's much more dangerous, he has fifteen confirmed kills in the last 3 years according to Gio, who refused to help take him down so we were focusing on Marc Giamatti's son Luca."

"So you think this Luca killed him?" Ellie asked shifting position, smiling as Tony walked back in and dropped a soda in front of her.

"No, we've heard rumors about this Max Giamatti, he's ruthless and we think he may have been responsible, but no one has caught him yet." Fornell said looking at her.

Ellie picked up the file on Max Giamatti that Fornell had left on Gibbs' desk and sat on the floor behind her own desk.

"Does she ever use a chair?" Fornell asked.

Gibbs smirked "Bishop has her own way of working, and it seems to work well." He admitted.

She looked up at them, "So Max is married to Marc's sister, that's where his name comes from, but before that, he was Max Gentry." She said.

Gibbs turned to McGee who ran the name in the computer. "Boss we got a hit. Max Gentry is a restricted alias."

"FBI, CIA?" Gibbs asked.

"No?" McGee looked puzzled, "Us, NCIS…LA…and there's a BOLO out on him." He said.

"Head to MTAC, Get Hetty online, I need to talk to her." Gibbs said.

Callen, Nell and Hetty were visible on the screen as Gibbs connected with the Los Angeles team.

"Mr. Gibbs you wanted to talk with me?" Hetty said with a slight smile as Gibbs bristled as the use of the Mr.

"I have a case may be linked to one of yours out her, we have a body a man called Gio Martinez, we think he was involved in organized crime down here, the FBI have the case but Martinez was dealing on Navy ground and we got called in, but we have a name but you guys have the file on lock-down, Max Gentry?"

"Deeks!" Nell said and covered her mouth as Callen looked over at her concerned. He turned back to Gibbs, "Gentry was an alias for one of my men, our LAPD Liaison, Marty Deeks, he went rogue and we lost him, FBI said he was dead."

Gibbs nodded to McGee, "We have a recording…taken off the body, he was wired for a FBI sting." He said he stood back as McGee played the voice recording through the room.

"You're going to let me go…I'll take a message to the feds, I'll tell them I was wrong?" Gio's desperate voice came over the speakers.

"What was the agents' name…the one in charge?" Deeks' voice was clearly heard and Nell gasped as Callen put a steadying hand on her shoulder.

"F…Fornell….and …S…Sacks…" Gio stammered the terror in his voice evident.

Max/Deeks' voice came clearer as he spoke directly into the microphone, "Agents' Fornell and Sacks, I suggest you stay out of my affairs and away from my family." He warned the sound of Gio's body falling away was evident.

"No….NO! NO!" Gio's running footsteps were heard and then the sounds of gunshots.

McGee stopped the recording as he looked on the screen he could see Hetty's shocked face, Callen's barely contained anger and tears streaming down Nell's face

"Gibbs, I'm bringing my team over to Washington," Callen said looking to Hetty as if waiting for her to challenge him. "Deeks was ours; We need to know what's going on with him."

Gibbs nodded, "See you soon Callen. Stay low." He said and signed off.

In Los Angeles a shocked group of people looked at each other for a second not sure how to proceed.

"Mr. Callen I suggest you get your team together, Ms Jones, can you book them some flights and accommodation." Hetty said.

Nell nodded going to book the four tickets for the team as Callen went to fill in the others.

"And Mr. Callen?" Hetty said as he was halfway down the stairs.

He turned to look at her, "If it's possible…bring him home." She said.

He gave her a small smile and carried on down to his team.

Chapter 3

Max slammed the door as he walked in the house and went straight over to the bar and poured himself a whiskey.

"Damn….Damn….Damn…." he cursed to himself.

"Max?" Sara called walking into the room. "Is everything ok?"

Max shrugged, "I was sloppy; I haven't been this bad since….."

"Since?" she asked kissing him.

"Since I was him…but that's a past life and I'm never going back to that weak insufferable idiot, Max fits me better, I'm happier being him. It's me…" he argued more with himself that with her.

Sara smiled, "I know you didn't want to give up being Deeks completely." She sighed and rubbed her belly, "Little Marty is proof of that." She handed him his pills and he took them and turned to her.

"Well he won't have some stupid cop in his childhood telling him about wrong and right and how you have to have a moral code…" Max shook his head, "Morals suck and are for the weak."

Sara smiled at him.

Max blinked a few times and yawned as his meds kicked in, "I'm tired." He snapped.

Sara stepped back. She knew better than to get within arm's reach for an hour or so after he'd taken his meds. She wasn't sure what was in them but her brother had insisted that he take them as he would die without them, but that whatever they were if given a choice he would refuse them and die. So she gave them to him as vitamins, Max didn't know any better and she didn't push it.

A while later she climbed into bed as Max put his arm around her, "I love you Sara." He breathed into her hair, "I can feel him banging in there, hold me make him go away." He said desperately clinging onto her she held him letting him know he was ok as he fell asleep and had the dream which haunted him so much.

It was night, he could hear running footsteps and water, he knew he was undercover and he was trying to bring down the bad guy who had dogged the LAPD for months, he'd been following this guy for a week solid when he'd lost him.

Looking out he saw one of Mitchelli's men standing guard at the bottom of a gangplank by a boat, he had tried to call Hetty and have her call the team for back up, the call had connected but he hadn't heard them, although with Eric's prowess he was absolutely sure he had heard him and help was on the way. He stopped when he heard a gasp from behind him.

"Marty!" a woman's voice cut through the gloom.

Deeks turned around gun in his hand, "No…Mom?" he stopped as she wavered struggling against the arm that was around her neck.

"Didn't you think we'd find out," the shadow encased man said, "Max Gentry…more like Marty Deeks LAPD. But soon you won't care about that."

"Let her go…please…" he begged.

"I don't think so." There was a sickening pop sound and the woman crumpled to the floor. Deeks screamed and moved towards her feeling the pinprick in his neck as he went past the man. He staggered a bit and fell forward reaching for the woman as she man in the shadows kicked her body off the dock into the water.

"Nooo." He moaned. Where were they, why weren't they here to back him up….his vision became foggy and he climbed up and staggered out from behind the crates. He saw a man standing there holding a gun that turned and looked towards him. Not thinking he aimed his gun a fired.

He watched with satisfaction as the man fell into the river, he didn't care anymore…he didn't know why he didn't care anymore, but the man's death had provoked no feelings in him whatsoever.

"Max!" the other man's voice came….Max who was Max? oh yeah…he was Max…Max was a good person to be, Max didn't care, Max couldn't be hurt, Max had no one to rely on but himself, Max was safe. A safe place to be he was Max.

He shook his still groggy head and scratched his neck where the thing had bit him and followed the kid to the car.

Marc Giamatti stepped out of the shadows and watched as the former LAPD officer and one of his new protégés headed to the airport. He picked up his cell phone and made a call. "Sara, I'm sending a friend, Max Gentry to you…yeah the guy you met last year, he's had an accident can't remember who he is…well he can but he's a bit foggy, there are some pills in his pocket, make sure he takes one every two days, he's ill Sara, he'll die if he doesn't." Marc smiled as his sister got all worried and promised to do as he asked.

Marc closed the phone, and smiled, walking away he knew be it months or years before they found him, with those drugs in his system the man's sense of right and wrong would be so skewed that the LAPD would never take him back and all the evidence he had gathered on the family would be useless.

Eddie, Sam, Kensi and Callen, finally touched down in Washington DC and Callen went over to the car rental place to pick up a sedan left in their names.

Grabbing their bags and sitting in the car, Kensi turned to the boys, "Are we headed to the Navy yard or to a hotel first?" she asked hoping for the latter.

Callen shrugged and pulled out his phone, "Jethro…G…we got time to unpack first or do you want us there," he looked at the clock, it was nearly dinner time and he had to admit he was hungry. "Ok…Cowboy steaks…your place…" Callen laughed, "I'll take my room, you got space for the others?" he asked. He waited as Kensi, Sam and Eddie looked at him strangely, "Sure on my way."

He closed the phone and looked at the team "Ok, guy's we're going to unpack and eat first." He told them.

"Cool. You get us a decent hotel G?" Sam asked with a smile.

"You're staying the same place I did while I was here recuperating from my gunshot wounds a few years ago." He told them.

The drove to East Laurel street in Alexandria and pulled up outside an older craftsman style house; "Here? We're staying at some old bed and breakfast?" Eddie asked.

Callen looked slightly affronted, "You don't like it Regan, there's a motel up the road. This isn't some old bed and breakfast, this is my home on the east coast." He smiled as he noticed the car in the driveway.

Kensi and Sam stood at the door waiting for Callen to knock.

"It's never locked guys," he said and walked in dropping his bag by the door and taking off his jacket.

"Jethro!" he called walking into the kitchen and helping himself to a beer, The others stood nervously as the heard footsteps climbing a set of stairs.

"Callen, you drinking my beer yet?" the gravelly voice called back.

Sam and Kensi were shocked as Callen sunk into the over-sized couch and put his feet up on the coffee table. "YEP!" he shouted back. "Come and sit down he'll be here in a sec." Callen assured them. All three of them stood inside the living room as an older man walked around the corner.

"Gibbs." Sam smiled and greeted the man, "Long time no see, how's it hanging?"

Gibbs looked at him, "Fine, Ms. Blye?" he smiled at her remembering her from the operation Blackbird case, "And you are?" he looked at the new man.

"Eddie Regan Sir." Eddie held his hand out.

"Don't call me sir, I work for a living, just Gibbs'll do." He said he looked at Callen drinking beer on his coffee table. He resisted the urge to roll his eyes, "How many foster parents told you not to put your feet on the table?" he asked knocking them off and reaching for a beer.

"Just you Gibbs," Callen smiled.

Sam looked at the pair of them and realized the familiarity they had had to have stemmed back years.

"He was one of the 37?" Sam asked as he too took a seat and Gibbs moved to light the fire.

Callen nodded, "Last one." He admitted.

Gibbs turned from the fire, "G, you have your room, Kensi can have the one next to yours and Sam and Eddie you can share my room."

"Where are you going to sleep?" Kensi asked.

"I rack on the sofa." He said pointing to the pillow and blanket on the end table. "We'll eat soon and then we'll go over the case as we eat."

The team nodded and went to unpack, all following Callen as they sought to get a glimpse of the room he had as a teenager.

Callen sighed and opened the door, "Look now, but hurry I need to shower, don't touch the DVD's they're Tony's." He warned them, "That lot's mine." He said gesturing to the books and nick knacks on the other side of the room. "We share it."

"Tony?" Eddie asked.

"DiNozzo, Gibbs' SFA. We share the room," Was all Callen would say as he walked and dropped his bag on the bed. "Kensi, you have Kelly's room…Gibbs' daughter, she died, don't ask." Callen said quickly. "And guy's you're in here. You and Sam can toss for the bed." Callen grinned as he walked back into his own room to shower.

Eddie looked at the bed and then the floor. "I'll take the floor." He offered not wanting to upset Sam. Sam smiled as he saw the cot in the corner. "You don't need to…you can use this." He said handing the folding bed to him.

Eddie nodded and set to work setting the bed up.

Half an hour later refreshed and eating Gibbs talked them through what they had so far.

Chapter 4

The others had headed up to bed as Callen sat on the sofa with Gibbs looking through the case file.

"What about that new kid of yours?" Callen asked.

Gibbs glared at him, "New Agent, not new kid." He snapped.

Callen nodded, "Still hurts dad?" he asked, there was no one around and Callen could let his guard down. "Ziva did what she had to do; at least it wasn't like Caitlin. How's Tony taking it?" he asked worried about his 'brother'.

Gibbs sighed and drank his beer, "He's coping, slowly getting through it, but he's like you unless you know what to look for you ain't gonna see it." He said.

"Been here much?" Callen asked.

"A few times," Gibbs admitted. "He joined a support group for men," he said.

Callen's eyebrow shot up and he smirked, "Really?!"

Gibbs glared at him, "You will NOT mention it, or pick on him about it." He ordered.

Callen rolled his eyes, "Yes dad," he sighed.

"Seriously G, he's trying his best and this is a good thing for him," Gibbs added.

Callen stifled a yawn,

"Finally, Jet lag wins in the battle against Callen's insomnia." Gibbs chuckled.

"Huh?"

"Go to bed son, we have work to do in the morning, we'll be leaving at 0600, gonna meet up with the Feds, hope your team is ready by then."

Callen yawned again and nodded, finally heading up to bed.

06.00 and the team was up, dressed and ready to leave, Callen was the last one down, he was dressed but not entirely awake. He got to the bottom of the stairs and stopped as a hand put a mug of coffee in one hand and his bag in the other.

"Callen, it's to go, head to the car," Gibbs told him.

"Yes dad," he said sleepily, taking three steps outside in the cold D.C. air and realizing what he had just said. He turned to see his team all stunned behind him, shrugging it off he turned to them, "So you driving, Sam?" he asked as he watched Gibbs pull off.

"Neither of you going to lock up?" Kensi asked,

"Na, just pull the door up, come on we're going to be late."

Sam walked past dropping his voice so the others couldn't hear, "Yes dad." He said with a grin which got wider at Callen's glare.

Max woke up and reached over for Sara. She wasn't there and he sat up abruptly. "Sara?" he called around the empty room.

"Max…" Sara's voice came from the bathroom, "Max…I think I need help." She called.

Within seconds Max was in there beside Sara as she was sliding down the wall, "My water broke, Marty's coming." She said.

Max opened the bedroom door and yelled down the hall, "LUCA!"

"Yeah?" Luca's sleepy voice came, "What's up Max?"

"Get the car, the baby's coming." Max shot his nephew a grin and went back to help his wife.

"Max. I just need to get dressed and get my bag." Sara said now her contraction had passed she waddled into the bedroom.

"I'll get it," he walked up to her had kissed her "We're gonna be parents." He grinned, in the three years since he had been with Sara this was his happiest moment.

Sara nodded and winced, "Max?" her face looked worried, "They're too fast…I think…" she winced again, "Call the paramedics."

Max opened his cell phone and made the call and he helped Sara onto the bed.

Five minutes later Sara was breathing heavily and Max was losing his cool, there were no paramedics and he could see the baby's head.

"Hello?!" a voice called up the stairs. The voice sounded familiar but Max shook it off as a large African American man and a smaller man walked in the room,

"Hey she needs help we can see the baby's head." Max said moving to Sara's side.

Sam shot Callen a look, there was no recognition at all on Deeks' side, and it had been sheer luck that the FBI had intercepted the paramedic call, they had jumped in as soon as they got to the FBI stakeout.

"Help her?" Max snarled.

Sam had delivered babies and he took point Callen taking Sara's blood pressure, "I'm Greg and this is Tom," Callen said introducing themselves to Sara.

"Sara Giamatti, my husband Max…and hopefully soon our son Marty."

"Marty?" Sam asked shocked.

Sara hissed as another contraction made her bare down.

"Ok Ma'am you need to push." Sam said.

"Come on baby," Max said sitting behind Sara on the bed and supporting her.

Sara cried, the pain overwhelming her. Max hadn't even remembered to take his meds this morning, and the two men at the end of the bed were making him jumpy.

"Do something." He ordered.

Sam kept up the charade even though he just wanted to tell Deeks to shut up, "The head's out, now just the shoulders." Sam said.

"He's nearly here babe, you're doing great." Max prompted his wife.

Sara screamed as she pushed again and suddenly she fell back exhausted as a baby's cry filled the room.

Fornell turned to Gibbs in the stakeout, "Was that a baby?" he asked.

Gibbs shrugged, they knew that paramedics had been called that morning to the Giamatti home, but they had no information about children living there.

Luca already cuffed and standing behind them grinned, "Marty, I have a cousin."

Kensi blanched, "Marty?"

"Max and Sara have a son. You will never take him now; my uncle will fight to protect his wife and child." He snapped.

Sam tied off the cord, "You wanna cut it?" he asked Deeks.

Max moved and cut the cord, Sam wrapped the baby and handed it to Sara, "We need to take you to hospital for your postnatal check up."

Max looked at his son, "He's beautiful Sara." He said kissing her.

Sara looked up at Max as Callen and Sam transferred her to a chair for moving, "Max grab my bag and don't forget your meds baby." She said.

Opening the pill bottle beside the bed, Max took one of his tablets and grabbed Sara's bag.

"We'll take her," Sam said "You follow in the car. We're going to Bethesda." He told him.

Max nodded. He walked to his car and as Callen closed the ambulance he looked at Sam, "He didn't recognize us at all?"

"I know, I would like to take a closer look at those med." Sam said as the regular ambulance men took over.

"These meds?" Callen handed the pill container to Sam.

"Um, they looked privately made, no pill name on them." He said.

"Abby might be able to figure out what they are."

Max drove halfway down the road then he was stopped by a flurry of police cars. "MAX GIAMATTI…FBI…STEP OUT OF THE CAR WITH YOUR HANDS UP." A voice came over a loudspeaker.

"What?" Max snarled, he threw the car in reverse and drove backwards up the road.

"Dammit!" Fornell snapped, he turned to where Gibbs had been standing moments before to see his car and the rental car the Los Angeles team were using heading up the road on the heels of Max's car.

Fornell turned to his team, "Well don't just stand there, GET HIM!" he yelled running for his car.

Luca for his part was sat in the back or Fornell's car, "Go uncle Max." he grinned as he saw Max's BMW M3 GTR speeding up the road knowing that maybe apart from the yellow and black car, none of the other cars were going to catch him.

Kensi and Eddie peeled off from the pursuit.

"Kensi, you not going after him?" he asked as Callen and Sam caught up to them.

She got out of the car, "So we're heading to Bethesda right? If he goes anywhere it's gonna be to see his kid."

Sam nodded, "Yeah, kids cute, but if Gibbs doesn't catch up to him that's where he'll head to, Regan, you're with me, we are taking these to Ms Sciuto, we need to know what Deeks' has been taking."

"Kenz, you and I are off to Bethesda hopefully we'll get Deeks before the FBI does." Callen said and held out his hand, "I'm driving." He told her.

Max pulled up the car having finally lost the yellow charger he got out of the car and proceeded to lose his temper on his car, he kicked it and swore pacing up and down, one thing was clear to him, the FBI were going to take his wife and son from him. They were the only stable thing he could remember and he wasn't having some do-gooder cop trying to turn his son against him.

He opened the trunk of the car, he moved the baby car seat he had into the back seat and set it up, ready for his son, he had two pre-packed emergency bags and $50,000 ready for a fast move, he checked the magazine on his gun, it was fully loaded.

He climbed into his car, god help anyone who stood between him and his son. He looked in the mirror to see a sad version of him staring back.

"This is wrong, you need to trust them" the mirror version of Max said.

"Shut up." Max snarled.

"You're son is safe where he is."

"Shut up." Max snapped again.

"They can help, you're going crazy." The mirror version of him said calmly.

Max hit the steering wheel until his hands bled, "SHUTUP,SHUTUP,SHUTUP!" He screamed.

He reached into his pocket but his meds weren't there.

"Sara has them," he decided,

He drove to Bethesda not noticing that the yellow car he'd been running from was parked near the entrance, He walked in the main entrance scratching his head, the voice inside practically screaming at him to stop.

He stopped near a glass panel, the entrance was empty but for a nurse sitting in reception, he shook his head and walked on.

"Can I help you sir?" the woman asked.

"Maternity." He snapped.

"Second floor." She said her eyes were sad as they searched his for any sign that he knew her.

Max scratched at his head again.

"Shut up!" he hissed to himself shaking his head to clear it as he walked towards the elevator.

The door opened and the old man from the yellow charger was there his gun pulled, "NCIS FREEZE DEEKS." Gibbs growled.

Max's hand went for the gun at his waist.

"Deeks please!" Kensi's voice cut through his haze.

"SHUT UP!" He screamed waving the gun around, "I need Sara, move old man or I'll kill you." He snarled.

"Deeks!" Callen warned.

"SHUT UP DEEKS IS DEAD!SHUT THE HELL UP!" Deeks dropped to his knees and held his head…."Please….I need Sara I need my meds…." He howled as a burst of pain shot through his head and his eyes rolled to the back of his head.

A real doctor who had been nearby moved out past the agents, "What meds is this man on?" he asked.

Callen pulled a tablet out of his pocket.

The doctors eyes widened, "This is a highly psychotropic drug, stopping these will kill him, I need to give him this now, but this is a huge dose for someone his size,"

"Give him it." Callen ordered.

The doctor fed Deeks the tablet and laid him out on a gurney, "We will need to dial his meds down slowly." He said.

"Write a script doc, we're taking him in, he's wanted for murder." Gibbs ordered.

The doctor looked at him, "Agent Gibbs, your reputation here precedes you. You can take him, but I am coming to make sure he's stable, anything at all goes wrong with him, and I'm bringing him in and you'll have to shoot me to stop me."

Gibbs looked at the doctor, "Ok Doc."

"Strohl, Lance corporal, Marines." He said proudly.

Gibbs nodded. "Ok Strohl, but you are responsible for him."

"I still feel we should keep him here," the doctor protested.

"He's a dangerous criminal, he'll be safer in isolation at NCIS, and our ME will be on hand to assist you." Gibbs offered.

Finally the doc nodded.

Deeks moaned the doc transferred him to a gurney and they took him to NCIS.

"Sara…Marty…." Deeks groaned as he fought against the restraints, Dr. Strohl injected him with a sedative and he fell into a fitful sleep.

Chapter 5

Max opened his eyes and found himself in a dark room, on a gurney, strapped on a gurney…with handcuffs!

"Sara!" He called pulling at his restraints.

"Mr. Deeks calm down!" Dr. Strohl said quietly.

Max pulled at his restraints, "Let me go you've got the wrong guy!"

The doctor slowly moved the gurney to a sitting position, "Where the hell am I?" Max snarled. "Where's Sara?! And who are you?"

"I am Dr. Strohl; I am here to help wean you off your medication."

Max shook his head, "No, you can't…I'll die! You're trying to kill me!"

"I assure you Mr. Deeks, I am trying to do nothing of the kind, and can you tell me who prescribed your medication."

Behind the glass Deeks' old team, Gibbs and DiNozzo watched as the former detective fought every step of the way with the doctor.

"Very well, Max…" Dr Strohl said as he took out a notebook, "Tell me what you know about yourself."

"What do you mean?" Max looked wary,

"You say you are not Martin Deeks and that your name is Max Giamatti, what is your earliest memory?"

Max shook his head, "I don't….My….what?" he looked confused, "Where's Sara? She has my medication."

"She's in the hospital, she will be fine." The doctor reassured him.

"Hospital? Why is she in hospital? What happened? Who hurt her?" He pulled at his restraints again "I'll kill them!" he snarled.

"She's not hurt she had a baby do you remember?" The doctor asked.

"Baby?" Max looked even more confused, "Sara had a baby?"

"You have a son, called Martin,"

"No…No I don't…I…" Max groaned as his head hurt again. His hand started flexing and within moments he was convulsing.

The doctor looked at the two-way mirror, "I have to give him another dose of this, does anyone know what it is yet?" he asked, making sure Deeks got another dose of the medication.

Within moments the medication took effect and Deeks was laying asleep on the gurney.

Abby came running down the hallway, "I know what the drug is!" she said as she burst into the observation room. "Oh Poor Deeks!" she exclaimed looking at him asleep on the gurney.

"What is it Abbs?" Gibbs asked as the doctor entered.

"Its Zaleplon it's a sedative-hypnotic, almost entirely used for the treatment of insomnia. It is a non-benzodiazepine hypnotic from the pyrazolopyrimidine class,"

"Huh?" Tony said.

"It's a drug used to treat insomnia, it makes the sufferer sleep but it has a side effect, it's a sedative Hypnotic, Long-term use of sedative-hypnotics for insomnia has traditionally been discouraged for reasons that include concerns about such potential adverse drug effects as cognitive impairment, Anterograde amnesia, daytime sedation, musculo-skeletal impairment, and subsequently an increased risk of harm to oneself and to others." Abby said waiting for the information to sink in.

"So it's not his fault?" Kensi asked.

"No, but he's been on such a high dose that he doesn't know anything about what's going on with him."

"So, he's all drugged up we can have our Deeks back?" Sam asked.

"Guy's drugged or not He killed someone." Regan said.

"Yes but we need to find out why the Anterograde amnesia happened in the first place, it also means everything he knows is what he's being told, everyday by this Sara person. And…" Abby paused as she breathed, "I think the big question is why he only remembers her and not his team?"

Gibbs nodded in agreement.

Sara sat up in her bed in the maternity ward, little Marty was dozing by her side in his crib, "Nurse, have you heard from my husband yet?" she asked.

The nurse walked up to her bed, "I'm sorry Mrs. Giamatti, but I haven't."

The nurse left the room and was stopped by a blonde woman and a youngish looking man with badges; she nodded and let them in.

"Mrs. Giamatti?" The man asked.

She looked at her baby and then up at them, "Yes?"

"I am Special Agent McGee and this is Agent Bishop, NCIS we'd like to ask you a few questions." Tim said.

"Do you really need to talk to me now? I just had a baby?" Sara said

"Ma'am we know you have been cleared for release and we have been authorized to take you in for questioning."

"I…but I…?" Sara looked worried.

"I'll wait outside while you get dressed Ma'am." Tim said.

Sara sat in her room as the two agents waited outside, this was not going as her brother had planned it, now she had a child and Max was in custody and she could see herself behind bars just for following her brother's orders.

She held Marty and looked at him, he was the most beautiful thing she had ever seen, "I love you so much little one, but I can't stay, I hope one day you'll forgive me." She kissed him and lay him back down in his bassinet. She pulled her clothes on and snuck out through the second door in the bathroom that was shared with the room next door.

Five minutes passed and Marty started crying.

Emily looked at Tim; "I don't think she's in there?" she said and knocked on the door as the baby's cries got louder. Emily opened the door and realized that apart from the crying baby the room was empty.

"Gibbs is gonna kill us!" Tim sighed. He turned to leave but Emily called him back.

"We can't leave the baby, we'll have to take him with us." She picked him up with a much practiced hand.

"Bishop, do you have kids?" Tim asked.

She shook her head, "No, but my brother does. Two." She replied getting Marty dressed into an outfit and clean diaper. Grabbing a Nurse Tim managed to secure a car seat for little Marty to travel in and they set off back to the navy yard.

Deeks sat up groaning, he was surprised to find this time he wasn't cuffed to the gurney.

"I've put you on a new medication that should help with the effects of the one you have been on." Dr Strohl said.

"Medication?" Deeks said, "Doc, Where am I?"

He swung his legs over the edge of the bed, and vomited into a bowl that was nearby, "God what happened?"

"What's your name?" the doctor asked.

"Marty Deeks? I'm not crazy doc I know my name."

"What year is it?" the doctor asked,

Deeks reached for a glass of water, "2010, why? Look my head feels fine. Is Kensi ok?"

"I don't believe this!" Regan snapped from the other side of the glass, "We're supposed to believe he's suddenly better?"

"No," Abby replied, "Right now with this 'antidote' he's lucid, as his need for the medication kicks in again he'll be less lucid until it eventually clears his system. He's gonna swing between Deeks and Max until we can get him stabilized, we just need to find out whether it was the drug or something else that sent him over the edge in the first place.

Callen looked at Gibbs and they walked out into the hallway with Tony.

"I'm worried about this," Callen admitted.

"Ya think?" Gibbs said

"I'm worried about Regan, has he ever met Deeks?" Tony asked.

Callen shook his head, "He came on board after Deeks' disappearance,"

"I'll watch him, if this is not Deeks' fault we need to find out who did this to him and why?" Tony reiterated.

Callen smiled at his 'brother' "Tone, I think you need to go in with Kensi. You're right I can't send Regan, and Sam and Deeks were not on the best of terms, besides it's time we filled Hetty and the director in, right Gibbs?"

Tony smiled, "Sure G, I'll take her in for a bit."

Tim and Bishop walked around the corner, "Boss we have a problem." He said and looked down at the sleeping baby in the carrier.

"Where is Sara Giamatti?" Callen asked.

"She left…she left a note for Deeks and the baby."

Callen took the bagged note and read it. "Oh my God!" he looked down at the poor kid. "Do not call child services, if Deeks won't take him on I will." He said instantly.

"Callen?" Gibbs asked.

Callen just looked at him, "Deeks was, is on my team, this happened to him, do you not think I wouldn't step up to support my team dad!"

Tim and Bishop looked shocked.

Gibbs grinned, "No son, I think before Kensi goes in Deeks should meet Marty Junior."

"Poor kid," Tony snapped, "No one calls this kid Junior right!" he said glaring at the small group of people.

They all nodded and Tony went to talk to Kensi as Callen and Gibbs carried little Marty in to see his dad.

Deeks looked up as the door opened, "Callen!" he smiled, "You wanna tell this doc I'm ok. Hetty will be going mad with me stuck…wherever the heck we are?"

"You're in D.C. Deeks." Callen said.

"D…D.C?" Deeks stopped and looked at him, Callen looked older and he was carrying a baby.

"How did I get here?" he asked.

"Deeks it's 2013, this is Martin Deeks Junior, your son." He said showing him the baby.

"My…NO!...who?" Deeks looked around, "Ok this is Sam's idea of a joke yeah?"

Callen placed the baby next to Deeks who turned and looked at him, he was cute, Deeks had to admit that, and he looked like him, "Who's his…."

"Your wife, Sara Giamatti."

"Giamatti…like Marc Giamatti the crime lord I was going to meet with?"

Deeks moved away from the baby, "Callen? I don't like this; what's going on?"

Callen handed Gibbs the baby noting that Deeks reached his hand out to stroke the child's cheek as he passed him, there was something there.

Gibbs handed the baby out the door to Bishop.

"Where's he going?" Deeks asked.

"Just outside, someone's going to feed him."

"Can you tell us about the op with Marc Giamatti?" Callen asked sitting on a chair as Gibbs leaned against the wall.

"Sure Bates sent me in undercover, we were due to meet down at the docks, then….then…." Deeks started hyperventilating, "NO…" Deeks breathed as some memories hit him.

"You shot and NCIS agent and a woman." Callen said nodding to the tech in the other room that ran the camera footage that Eric had pulled all those years ago.

Deeks watched his eyes wide and tears streaming down his face, "No…no I didn't kill her, I wouldn't kill her I couldn't…he stood up and walked to the far corner of the room and sank to his knees. "NO, you're lying, Sara….SARA!" he yelled, "I need it to go away, I need my meds, please Callen, don't make me watch this!"

Gibbs pulled up the picture of the dead woman and Deeks threw up in a trash can, "GET IT OFF!" he snarled and threw the trash can at the plasma,

"Deeks who is that."

Max looked at them, "I already told you I'm not Deeks! Get those out of here!" he grabbed the photos and threw them at Callen, "Get out of here cop and take the whore's picture with you."

"Who is she?" Callen persisted

"Her name is Mary Deeks, she was no one." Max snarled.

He stopped as he heard a cry from the hallway, "Sara? Is Sara here is that my son…You can't hold them, you harm them and I'll kill the lot of you!" Max snarled trying to open the door, he only stopped as the Doctor who had been sitting unnoticed in the corner injected Max with a huge hit of sedatives.

Deeks looked at the picture as he started to sway, "Mom…no!" he fell back with Callen and the doctor catching him and steering him to bed. "Callen help me!" Deeks begged as the sedative took effect.

"NO WAY? You've got to be kidding me…Hetty really!" Regan said as Callen and his team stood in front of Hetty in MTAC.

"Mr. Callen do you agree with Mr. Regan's assessment of the situation?" Hetty asked.

Callen shook his head, "The doc says it has something to do with the drug the Giamatti's kept him on and that 'Max' must have been Deeks coping mechanism to seeing his mother shot. Also there is the baby to consider in all of this."

"BUT!" Regan spluttered, "He shot an NCIS Agent."

"Maybe not Eddie, we didn't know about the second person there, we don't at this point know if Deeks or someone else shot him and if it was Deeks what was his state of mind? We can't overlook that." Callen argued. "I'm not saying Deeks is innocent or guilty, I'm just saying we need to complete our investigation."

"Mr. Callen, what about the child?"

Callen turned and mumbled a bit, "Mr. Callen?" Hetty pushed, "Have you revealed to Mr. Deeks that he is a father?"

"He doesn't believe me, but Max does and wants his boy back."

"So when Mr. Deeks is healed, do you think he will take the child or should be contact child services?" she asked.

"NO!" Callen snapped, "Hetty, can you have a lawyer draw me up a set of adoption papers, if Deeks won't take Marty, I'll adopt him."

"Oh this gets better and better, you'll marry his wife next!" Regan said sarcastically.

"SHUT UP REGAN!" Sam, Callen and Kensi said at the same time.

Regan folded his arms and moved away from the group.

"Mr. Regan I want you on the next plane back to LA, I do not think your presence will be helpful to the investigation." Hetty said sternly.

"Mr. Callen I will do what I can and get them to you as soon as possible, in the meantime protect that child and try to find his mother, I will have a team this end track down Marc Giamatti and see if he can tell us more about this drug they've been giving to Mr. Deeks all these years, and Mr. Callen. See if Ms Scuito can find out the long term effect of exposure to his drug." She said.

Callen nodded and cut off the call, ignoring Regan he walked out of MTAC, at the top of the stairs he turned to look at his ex-teammate, "Regan, DiNozzo will take you back to Gibbs' house, help you pack and take you to the airport."

Tony looked up at that "I will?"

"Yeah." Callen said jogging down the stairs and stopping in front of his 'brothers' desk, "Don't let him in our room." He said.

"Oh!" Tony said nodding in comprehension.

Callen stopped and picked up the baby, holding him with a gentle rocking motion he soothed the baby who had been fretting. "Its ok kid, it's all gonna be ok." Callen said to the baby as Sam Kensi and the DC team stood watching gob smacked.

Callen turned with Marty in his arms, "Deeks is one of us, now we need to find out what they did to him and help bring him home. Coz this kid needs and deserves to be with his father, are you guys in?"

Callen smiled as the whole team nodded.

"Let's do it!" Sam said.

Chapter 6

He woke up, alone in a room with a glass window…no not a window a mirror. The room was dim and the light seemed to be filtered, he sat up rubbing his hands down his face. He looked at his wrists they were wrapped in bandages, pulling one down he noticed burns from where something had chaffed him. There was a plastic cup and a jug of water in the room on a small four legged table. He reached over and lifted the water to his lips. He took a small sip, it seemed ok. But he wasn't sure. A tremor pulsed through his body and he rubbed his arms up and down with his hands to ward off the perceived chill. The door opened and a man walked in.

"How are you feeling?" Dr Strohl asked.

Marty looked up at him, "Fine." He looked past the man trying to see out into the hallway, there were none of the usual sounds that he could here, no doctors in the background and no nurses walking by and no sounds of patients.

"Where am I?" He asked as the doctor shut the door.

"You're friend told you…you're in D.C."

"D.C? Like Washington D.C?..." Marty's eyes went wide. "I can't be here! I'm gonna get it bad!" he looked around for his clothes but only had hospital scrubs on. "This isn't a hospital is it?" he asked.

The doctor shook his head. "No you're in custody." He said and stepped back in shock as Deeks started to cry.

Sam looked at Gibbs through the glass, "Is he crying?" He asked in shock. Kensi looked over at Callen who shrugged; he glanced at baby Marty asleep in the car-seat.

"Is this a side effect of the medication?" Callen asked.

The others looked on at him. "I have no idea." Gibbs said. "Hanna, you go in and ask the doctor. See if you can get him to let us in on what's going on."

Sam nodded and walked out of observation and knocked on the door to the room Marty was in.

"Come in…" Dr. Strohl said.

"Hey Doc I…." Sam stopped as Deeks jumped off the bed and moved to the corner of the room like a scared rabbit, his eyes darted from the doctor to Sam and he pulled himself into a ball and covered his head. "Doc?"

"I didn't mean too…Is…is he dead?" Deeks asked looking up at Sam through his arm.

"The man you shot?" Sam asked thinking he was talking about Dickerson, "Yeah, you wanna tell me what happened?" he asked.

Deeks cried harder. "I…I didn't want to kill him. Ray said it'd just stop him and he'd go away."

"Ray?" Sam asked sitting on the bed.

Deeks sobbed harder, "Does momma hate me now…am I gonna get the 'lectric chair?" he asked his breath hitching between sobs.

"The what?"

"Da…Dadd…he said…I was bad and I was gonna be so bad I'd get the 'lectric chair…I don't want that…he said your brains boil and you die peeing your pants…" He dissolved into hysterical sobbing, "He's gonna haunt me and kill me now!" he moved further away from the two men. "He's gonna get me and now I can't hide…I just wanted to stop him hurting us, I just wanted to stay safe." His red rimmed blue eyes looked up at Sam with such sorrow that he wanted to hug the detective.

"Agent Dickenson was hurting you?" Sam asked.

"Who?" Marty stopped crying and wiped his eyes.

Sam stood up and Marty shrank back.

The doctor stepped in-between both of them. "What's your name son?" he asked. Sam looked confused and sat back down.

"M…Marty…Br...Brandel…" He sniffed wiping his eyes on the back of his hand.

"How old are you?" The doctor shot a glance at Sam.

"'Leven." He sniffed.

"Who did you shoot if you didn't shoot Agent Dickenson?" The doctor asked him.

"My…D…D…Daddy." Marty looked up, "I didn't want to kill him honest…but no one would help and he…he hurted me a lot. I just wanted to police to take him away so I could…" his voice trailed away and the doctor looked at him.

The doctor turned to Sam, "out." He said then he turned to Marty, "You'll be fine son; you just have a glass of water and wait here.

"But…" Marty started fidgeting. "Yes sir." He said looking up again as Sam.

Sam and the doc walked out of the room to find Gibbs, DiNozzo, Kensi and Callen waiting for him.

"What was that?" Gibbs asked.

"I think the medication is fracturing his personality without the reinforcement of the memory Sara Giamatti was giving him, he's disassociating and he's latching on to the nearest personality in his head that matches the situation."

"His eleven year old self identifies with this?" DiNozzo asked horror-struck.

Callen nodded, "It would, he shot his father when he was eleven, it was a through and through, nice clean shot." He mused aloud. Gibbs glared at him.

"We can't charge him with anything, not while he's in this state no court in the land would convict him. So that means keeping Fornell and the Feds out of the way. He needs to heal." Gibbs said.

Callen turned to Kensi, "Deeks finds Sam threatening in this persona. Maybe you should be in there with him, Tone, you wanna go with Da…Gibbs and head off Toby?" he asked.

Tony smiled at the slip up. "Yeah sure Cal,"

"Sam and I will…"

"Sam will work with Bishop and McGee. You have to take Abby and go shopping." Gibbs said to him.

"What for?" Callen asked.

Gibbs opened the door and turned Callen towards the sleeping newborn.

"Oh…OH! God I forgot!...I can't ever forget about him." Callen said shocked.

Gibbs fished out his wallet, "There ya go son, get everything he needs and take him home."

"How can I investigate this case and look after Marty?" Callen asked worried.

"Agent Callen I believe I owe you one." Director Vance said walking down the corridor, "I just heard about the baby and Mr. Deeks from Agents' McGee and Bishop." He said, "Take Ms Sciuto and the rest of the day drop round this address before you head to the Navy Yard in the morning, Leave the baby there."

"I'm not putting him in care!" Callen said taking a step between the director and the baby.

"I would never suggest it," Leon said slightly affronted, "Like I said I owe you, this is my house and that is my children's nanny, she has agreed to look after baby Marty until you leave for Los Angeles."

Callen looked relieved, confused but relieved, "Thank you sir, but what do you owe me for?" he asked.

Vance smiled, "Picking my pocket, Hetty is too valuable an agent to lose."

Callen looked contrite and cleared his throat, "Er…Sir, You knew that was me?"

Vance smiled, "You can take the kid of the street, but you can't take the street out of the kid." He quoted; Callen looked confused, he was sure that by the time he'd said that to Hetty, Director Vance had been on a plane bound back for Washington.

"Hetty." Vance clarified for him, "Now get going."

"Yes Sir." Callen said and turned to pick up the sleeping child.

They all left to deal with their assignments and Vance turned to Kensi and the doctor, "Ms Blye, Doctor Strohl, how is Detective Deeks?" he asked.

The doctor ushered the Director into the observation room where Marty was still sitting where he'd been left looking really uncomfortable but glancing at the door every few seconds. "Excuse me." Kensi said and left.

"He's going through 3 distinct personalities right now, Max Giamatti or Gentry as you have, this is the most violent and uncontrollable. We have Detective Deeks who thinks its 2010 and now the emergence of Marty Brandel, who thinks he is eleven and has just shot his father."

Vance looked through the glass as Kensi entered.

"Marty?" she said as she walked in.

Marty looked up at her and smiled, "Hi." He said shyly. "Are you an Angel?" he asked.

Kensi smiled and shook her head, "No I'm not sweetie, my name is…"

"Fern…I'm gonna call you Fern, my little sister was called Fern and she was as pretty as you are." Marty smiled his lopsided grin, Kensi's heart melted.

"You can call me Fern." She said. "You look uncomfortable, are you ok?"

Marty looked at the floor and gave a small nod.

"No you're not are you, what's wrong, you can tell me." She pushed gently.

"I'm…I'm hungry and I need to use the bathroom, but the big man told me I had to stay here…and I'm under a rest coz I'm a bad kid…I shot my Daddy…It's ok if you don't want to be in here with me, Daddy said I was always gonna be alone." Marty sighed, "And He said ya don't gets food in Jail…but its ok I've been hungry loads a times." He said brightly.

Kensi smiled, "Let's take you to the bathroom and then see if we can find you a candy bar ok?" she said.

Marty smiled, "I like candy." He said.

She nodded towards the mirror and took Marty's hand. "Come on Shaggy."

Marty giggled and followed.

Vance turned to the doctor, "This isn't permanent is it?" he asked.

The doctor shrugged "I don't think so, I would like to ask a colleague of mine to come and asses his mental health, will she need clearance?" he asked.

"I will need her name." Vance said taking out a small notebook from his pocket.

"Cranston, Doctor Rachel Cranston." He said and stopped as Vance picked up his phone and dialed a number.

"Rachel…Leon…I'm with a Doctor Strohl at NCIS, I need you to come down and asses a patient, it's for one of Gibbs' cases…No, DiNozzo hasn't finally gone off the deep end." He smiled as he listened to her and then he hung up. "She'll be over in an hour; you should know she's affectionately known around here as Doctor Kate's sister, her younger sister Kate used to be on Gibbs' team." Vance explained.

Kensi waited outside the door as Marty used the men's room, he walked out and looked at her standing there, "Look I washed my hands," he said turning them over to show her how clean they were. She smiled and took him by the hand to the break room, where McGee was standing at the Vending Machine.

"Kensi…?" He asked.

"Hi Tim, this is Marty." She said with a look that McGee got. "He's eleven." She added.

Deeks walked up to the vending machine and put his nose to the glass, "Is that real candy?" he asked awed, "How does it get out of there?"

Tim smiled, "You put money in the slot and press the buttons and the candy bar comes out." He explained.

Marty's face fell, "Oh…Ok…Thanks…" he turned to Kensi "I'd better go back now," he said his stomach gurgled at the sight of all that food.

"I thought you were hungry?" Kensi said, "You sound like you're hungry."

"My tummy's just being silly." Marty said sadly, "Besides I don't have any money and I don't wanna steal, I told…I know, stealing is wrong."

Tim smiled and produced a candy bar and held it out to him, "Stealing is wrong, but asking for what you want is ok as long as you ask nicely."

Marty shook his head, "You ask and ya don't get." He said repeating a mantra he'd been told time and again.

"But how do people know what you want if you don't ask?" Kensi asked him.

Marty shrugged, "Ya get what ya given and ya grateful fer it."

"I would like to give this to you," Tim said, "but only if it's what you want." He added.

Marty stared at the chocolate bar as if it were made of gold, "A whole one? A whole candy bar for me? Really? Not just the wrapper, I like to lick the wrappers." He admitted.

"No the whole bar." Tim said and jumped as Marty hugged him.

"Thank you Mr. Tim, I've never had a whole candy bar before." He grinned.

He took the candy bar and looked at Kensi, "Fern…Do I have to go back to jail now?" he asked.

Kensi nodded, "It's not really jail, and it's more that you're poorly and need to see a special doctor right now, we are going to make you better."

Marty looked up from his position cross legged on the floor, "Then I get the 'lectric chair?" he asked the two shocked agents standing in front of him.

Chapter 7

Callen and Abby pulled up outside the mall and within moments Callen was unbuckling the car seat and held it on his arm as they walked towards the stores.

"So where first?" He asked as they walked inside.

Abby looked at the Mall map, "There." She said pointing to a nearby shop, "That sells most of what we need." She told him.

Callen nodded and looked at Marty, hoisting the bag of baby supplies they already had on his shoulder he turned to her, "Ok Abby Sciuto, you lead the way."

She smiled, "It'll be my pleasure G. Callen…and Mr. Deeks Junior?"

"Ouch…that's a mouthful." Callen said walking along with her,

"Well we have two Marty's and Tony'll kill me if I call him junior…" Abby walked along in silence for a few moments, "He's still small…so what about a nickname for him."

"Abby?" Callen gave her a sidelong glance.

"Deeklet?" she offered. Callen shook his head.

"Marteeny?"

Callen laughed, "That makes him sound like a drink!" he looked over at the baby who was awake and looking at them, "Ain't that right squirt."

Abby rolled her eyes, "Well you can't call him squirt…he doesn't look like a squirt, he looks like a mini Marty."

"Sounds like a five n dime Abbs," Callen said as they opened the door to the store.

A store assistant walked over to them as she spied the baby, "Welcome, Aww he's such a cute baby, a chip off the old block," She said grinning at Callen, "What's his name?"

Callen looked at the boy, "Chip…his name is Chip." He said with a grin.

"Oh he's so small!" the assistant gushed, "How old?"

"Born yesterday, I need to get supplies in for him, could you help me?" He asked.

"Oh My Gosh Yes! and can I say your wife looks lovely for someone who's just had a baby."

Abby grinned and winked at Callen, "Thank you, Chip was a bit of a shock, we weren't expecting him, and so we need everything,"

The assistant called some help and they walked around the store listening to the assistant's advice on what Chip needed.

Two hours, a feed, diaper change and hundreds of dollars later, they finally left the store, all their purchases were in the back of Gibbs' truck.

"You handled that really well Mrs. Callen." Callen laughed.

"And I looked good!" Abby grinned, giving a quite laugh as she looked at Chip and he yawned. "Aww, he is such a sweetie." She said.

Callen sighed as they turned into Gibbs' street, "Yeah he is, and I hope his father realizes that," he said.

They parked up and Abby took 'chip' into the house, Gibbs had already got there and helped Callen in with the baby stuff.

"So you nicknamed him Chip?" Gibbs asked warily, "How did Abby take it?" he asked.

Callen shrugged "Fine… why?" he replied.

"You remember that crazy assistant of Abby's?"

Callen leant against the truck, "Er…Chuck? Charles Sterling?"

"Chip…yeah."

"Crap!" Callen cursed, "She seemed ok with the name, we couldn't keep calling him Marty, it's too confusing…"

"Talk it out with her!" Gibbs called out carrying a flat packed crib up the path.

Callen grabbed two large bags of supplies, "Damn!" he swore running up the path behind Gibbs.

Marty sat on the floor of the break room looking at the two gob smacked agents.

"Marty, you know you're not going to get the electric chair don't you?" Tim said squatting down to the man who held a chocolate bar in one hand and a tissue Kensi had handed him in the other as he looked at them not making a sound but shaking his head as tears were rolling down his face.

"Miss Fern?" Marty asked after he wiped his face with the tissue and stood up, "Does this mean I have to go back to my momma?" he asked a small shake in his voice.

Kensi didn't know what to say to him, "Maybe, you wanna tell me about her?" she asked as she got him a soda and sat him at one of the tables.

Marty took a drink of the soda, "I like this." He smiled. "Thank you."

"Tell me about your momma?" she asked hoping this time it didn't bring Max back.

"Momma's, momma." Marty shrugged, "She has lots of friends and she's very pretty, Daddy likes it when momma gives him her money, momma's friends give it to her."

Kensi shot Tim a look, "What's your momma's name?" she asked.

Marty took a sip of his drink, "Momma." He said, "Daddy calls her bad names if she doesn't have friends over."

Tim took his tablet and sat next to them, "Was your momma called something else by her friends?" He asked, he hated to push the detective the state he was in, but they needed to find out more about the woman who had been murdered along with their agent.

"Um….Sometimes they called her honey or baby?" Marty said, "Momma wasn't a baby though…Grandma came once…she called her Caroline Mary, but momma shouted at her I didn't see her again." He said sadly, "I liked her she gave me hugs, ya know the nice kind…not the other kind." He shifted uncomfortably.

Marty yawned, "Do I have to go back and see that doctor again?" he asked.

"We do need to get you back there, he's not going to hurt you, but you need to have your medicine." Tim said.

Marty shrugged, "Ok Mr. Tim…" He carefully wrapped his half eaten candy bar up.

"You can finish that first you know?" Kensi said.

"But…" Marty stopped and slowly unwrapped it. He looked at it sadly and Kensi put her hand on his arm.

"What's wrong?" she asked,

Marty shrugged, "Nuttin'…it's just, if I eat this now…I won't have anything for later."

Kensi smiled, "Marty, You'll have dinner later, I think Tim's getting it."

"Really?!" Marty grinned.

"Sure as soon as you've seen the doctor, I'll head down to Beltway Burgers and pick you something up." Tim said.

Marty grabbed Kensi's hand, "Come on Miss Fern…we gotta go…I'm getting dinner!" he grinned excitedly.

Callen looked at the nursery. Well, the corner of his room that he and Gibbs had turned into a nursery.

After having a chat with Abby, she had told him in no uncertain terms that 'this' Chip was an angel and would not in any way be associated with the negative memories she had with the other 'Chip'. She had held him, fed him and rocked him while Gibbs and Callen set up the furniture needed for the baby and with a small, but gentle flourish she lay the infant in his new crib. He yawned and put a tiny thumb in his mouth. All three adults smiled.

"Deeks does that too." Callen said quietly.

Gibbs chuckled as Callen ushered them out so that Chip could sleep. He turned on the baby monitor and followed them downstairs.

Gibbs got Callen a beer, but he turned it down and grabbed a bottle of water instead, Abby and Gibbs joined him at the table as he listened to the baby monitor.

"You sure you wanna do this G?" Gibbs asked.

"Dad, I'm not leaving him in the system, I'm team leader, and Deeks is on my team. I know him…He's going to want his son at some point, I can and I will do this."

"What if you get too attached?" Abby asked, she was in her opinion already too attached to the baby, but he was so cute.

"Won't be the first time I've gotten attached and had to let go, I've survived before I'll do it again." Callen said matter-of-factly.

Gibbs shot Callen a look, which Callen ignored.

"I'll either be Dad or Uncle Callen, I can live with either." Callen said. "Either way this kid is getting stability and a family." He said a bit more forcefully than he intended.

Gibbs put a plate of sandwiches in front of them all, "I know you want what's best for this kid, and we'll help you all the way."He said, he saw the way Callen looked at the baby and just didn't want his foster son hurt.

"Did you tell Diane?" Callen asked. He had never really gotten along with his foster mother, but he still kept in touch, more out of duty seeing as he still saw Gibbs, than anything else.

"Tobias called her, Emily asked if she can come and see him tomorrow." Neither of them realized that Abby was still sitting at the table.

"Diane? Diane was your foster mother?!" She exclaimed.

Callen shrugged, "For a month, then she left." He took a gulp of his water.

"It wasn't your fault." Gibbs said, an age old argument opened again, "She liked you, it was me she didn't get on with."

Callen shrugged, "You think she'd wanna see the baby?" he asked,

Gibbs looked at his bottle and then the clock, "They're coming at seven. Did you know she was seeing Tobias again?" he said.

Callen laughed, "NO!" he choked on his water, "Really! Emily must be fuming!"

"I had her hiding in the closet; it reminded me of when you used to hide in there from her." Gibbs smiled, "now the team will be here at six for dinner, so Abbs, you up for your three bean casserole, I'm gonna do steaks, and Callen, get some sleep, you have night feeds."

"Gibbs, I don't sleep." Callen protested. There was a noise from the monitor and Callen dropped his sandwich onto the plate, grabbed Chip's bottle and headed upstairs forgetting the baby monitor.

Gibbs and Abby sat listening as Callen walked into the room.

"Hey buddy, you hungry," there was a noise as Callen lifted the baby from his crib.

Callen sat on the bed, putting the infant in his arm and gently rubbing the nipple against the child's face, "There you go champ." He said as 'Chip' started suckling.

He found himself yawning as little Marty drank his milk up and Callen burped him and then changed him, he leant back against the pillows as Marty fell asleep again.

"Don't worry kid, I'll keep you safe, I'll be just as good a dad to you as Gibbs was to me. When your daddy is better then I'll be the best uncle in the world, I promise you'll have the childhood me and your dad should have got." He yawned as he rubbed the infant's back. "You just sleep now, Uncle G has is all in hand, you're safe and sound."

He yawned again and in the kitchen two very emotional federal employees gave a small laugh as Callen let out a snore.

Chapter 8

Deeks woke on the gurney in the small room again, Dr. Strohl, was checking his vitals, "Hey doc?" Deeks said…"Not a dream?" he asked he had hoped that the nightmare he seemed to be in was actually a dream and that he'd just eaten something funky the night before.

"No...Marty." The Doctor said.

"Deeks is fine." Deeks replied, "So I killed someone?…I remember killing someone."

Sam sat in the corner of the room, "You killed an NCIS Agent." Sam said his face grim.

Deeks sat up and looked around his monitor going crazy, "Where's Kensi? I didn't…God, Sam, I didn't kill Kensi did I?" he looked totally distraught.

"No…No Deeks not Kensi, not Callen either," he added as he saw Deeks thinking along those lines.

"Where is Callen?" Deeks asked noticing he wasn't there.

"He's at home, well, Agent Gibbs' home with your son they are coming in later."

"My?! I…I don't have a son?" Deeks said although he was uncertain about that statement.

Sam pulled a picture out Bishop had taken of Callen holding the small blond headed baby with bright blue eyes. "Marty Giamatti." He said

"Gia…Sara…Sara's his mother?" he asked surprised, "Little Sara?"

"You remember?" Sam asked.

"I had an assignment to infiltrate the Giamatti family, get close to the head of the family. Marc Giamatti. I did early 2010 met his little sister Sarah at Christmas party." Deeks gave a small smile. "Max was supposed to get in with the family, and it turned out Sara likes bad boys."

"Nice, so do you remember coming to D.C. 3 years ago." Sam asked.

Deeks shook his head, "That was like, six months ago in Los Angeles, not D.C.…Three years? Really? What happened?"

"You were hurt, you've mentioned a few names, Caroline…Mary…" Deeks rubbed his head as Sam said those names.

"No…Sam…." He let out a sob, he wanted to disappear into himself he could feel it coming, but something was stopping it.

"You're on a new medication." The doctor said walking over to him and checking his vitals… "This may sound like a stupid question but can you tell me your name?"

"Deeks, Marty Deeks. Doc…it hurts." He said gesturing to his head. "I can…feel something…I…" Deeks sat back with a sigh.

"We have a doctor coming in to see you, Dr. Cranston. Hopefully she can help with that."

"Deeks." Sam said, "I'm sorry, but we need to know, Caroline…Mary?"

"My mother…My mother's name is…was Caroline…when she…'worked' she was called Mary." Deeks said sadly. "She shouldn't have been there…I told her, not the docks…Never the docks…too dangerous."

"Why was your mother there?"

Deeks shrugged "A new ship, Naval one I think pulled in,"

"What did your mother do, was she a cook?" Sam asked.

Deeks turned away, "No…Look she's dead, does it matter?" he said ashamed.

"We need to know why she was killed, why she was there." Sam said gently.

"She was a hooker, alright!" Deeks snapped, "That what you wanna know, yeah! My mother is a…was a whore…has been my whole life, it was the one thing Hetty knew but didn't put in my file." He couldn't look at Sam as a tear escaped.

"I'm sorry?" Sam said, "We needed to know."

"Why?" Deeks asked looking broken, "You tell me its 2013 so, how can my mother's murder have any impact now?"

The door opened and a tall, dark haired woman walked in, "Because Detective Deeks, it says a lot to your state of mind back then." She put her bag next to Sam and took a seat next to the gurney.

"Rachel Cranston." She said and turned to Sam. "Director Vance has agreed that I can talk to Detective Deeks alone." She said.

Sam stood up. "You want this?" he said handing a picture to Deeks.

Deeks looks at it, "It's…he's really mine?" Deeks asked looking at the picture.

Sam nodded, "Yeah."

He stood up and went to leave, "He's…he's not in care is he?" Deeks asked worried.

"Callen's looking after him, he's safe."

Deeks sighed and turned away, "He'll be better off with Callen."

Sam looked at Rachel and left.

"Detec…."

"No…no…not anymore, Deeks, just call me Deeks," Deeks said looking at the wall avoiding looking at the mirror in the wall. The last thing he wanted to see was his face, to see the shell of the man he had become.

"Deeks, how are you feeling?" Rachel asked.

"I dunno doc, it's like a nightmare, one moment I'm working in a job I love, the next thing I know I'm wearing a ring I don't remember putting on, I have a son, I don't remember fathering and apparently I killed someone, not in the line of Duty, not like a cop, I'm a cold blooded killer." Deeks said sadly.

"You don't know that for a fact," Rachel said trying to calm him down.

"Yes…Yes I do I remember killing someone…a kid…the Agent must have been new. He was just a kid…I know I felt like I was in danger, no…my family…Max's...Family….I...I..." Deeks leant forward and grabbed his head.

"Deeks…?"

"Back off bitch!" Max snapped.

"You are?" Rachel asked without missing a beat.

"Leaving as soon as possible." Max snarled. "Where's my boy?" he asked.

"Your son is with an agent, he is a friend and he is safe."

"You have no right to do this!" Max snapped.

"You killed a man; the agents have the right to hold you." Rachel said.

"Gio was a little shit; he was selling out the family. He deserved all he got." Max snapped.

"What about the Agent in Los Angeles?" Rachel asked

"What Agent? I ain't killed no agent? Never gonna kill a cop…" Max looked at her, "Is this why you've ruined my family, my wife is missing, my son is with strangers and I'm stuck in here!" Max smashed his hands on the mirror. He turned and Rachel stepped back as Gibbs and Callen came in the room.

"SIT DOWN!" Gibbs snarled.

Max stood toe to toe with Gibbs, "You don't frighten me old man, I want out, I didn't kill no fed." He snapped.

"No but you just admitted to the murder of Gio Martinez."

"He was a punk and deserved to die, he put my family in danger," Max snarled.

"Max…can we talk to Deeks?" Rachel asked calmly, putting her hand on Gibbs shoulder and he stepped back.

"Deeks is a wimp. He doesn't want to be here, He can't even cope with being a father," Max laughed derisively. "He's afraid he's gonna be just like his father."

"So you acknowledge that the baby is Deeks' child." Rachel said.

"No…He is a Giamatti, he'll live with me and I'll raise him right, He'll take over Marc's place as the head of the family." Max grinned.

Callen balled his fists. "No he won't, either Deeks takes him and raises him right or he's staying with me."

"He ain't your kid, you can't take him." Max snarled, "You can't have him, it's kidnapping."

"Protective custody," Gibbs snapped. "We are protecting him from you."

"ME!" Max snarled, "You don't need to protect my son from me! I wanna see him!" he demanded,

"Look at the mirror," Gibbs said.

Max turned and looked as the light went on in observation and Bishop stood there holding the baby in his carrier. Max stepped forward and placed his hand on the glass, "He's…he's….No…not now!" he said to himself as Deeks pushed his way to the front of his mind and pushed Max back.

Deeks turned to Callen, and even he could see the difference in his features.

"Is that him Callen?" Deeks asked, he slightly remembered seeing a baby before, but this was his son.

Callen moved and put his hand gently on Deeks' shoulder, "Yeah, Marty Deeks junior." Callen said.

"No…No…" Deeks shook his head, "I can't be his father I killed a man Callen, I'm gonna go down, I have to…he can't ever know me, please…you said, you'd look after him, Ask Hetty can you adopt him…He can't have me as a father." Deeks said never taking his eyes off the child.

"Do you want to hold him?" Rachel asked.

Gibbs and Callen looked on alarmed. Rachel mouthed, 'it's ok'.

Gibbs nodded and Bishop brought the child into the room.

Callen lifted him out of the carrier and passed him to Deeks. "Here…" he said as he placed the baby in his friend's arms.

"I…I…Can't…I don't want to…" Deeks stopped as Marty moved recognizing his father's voice. Deeks stroked down the side of his cheek.

"Hey…" He said softly a hint of the old Deeks grin showing through.

"He needs a new name, not this one…not one that Max gave him, not one my father gave me, you should name him." He said to Callen.

"He's your son." Callen said stepping back.

Deeks shook his head, "I can't be his father, look he needs someone who'll be there for him, if you can't take him, maybe Sam will, he's a father already, he can be better than me. He is a better man than me, I'm broken Callen, I know this, and you know this. He needs someone who will be there for him, not someone who will see him twice a month in a jail cell. He needs love; he needs to not be in the system." Deeks placed the baby back in Callen's arms, sensing the familiar smell of the man who had thus far looked after him the baby relaxed and closed his eyes.

"You have the papers don't you." Deeks sighed looking at Callen.

Callen nodded, "I do, Hetty gave me two sets one makes me his guardian until your well enough to take him and the other allows me to adopt him."

Callen put both on the table and turned to the baby as he mewled.

"Shhh." Callen said softly, stroking his cheek.

Deeks let a tear slide and picked up a pen while everyone's attention was on the child, he wiped it before they saw and looked over the papers. He signed one set and handed them to Callen, "He's your son now, these are the adoption papers, he's now a Callen, and he just needs a new name."

"Nope." Callen said, "Marty is just fine."

"I mean it Callen; please don't give him my luck. Don't call him that name." Deeks begged.

"So what would you call him?" Callen asked.

"Jake." Marty admitted, "I would have called him Jake."

"Jake Callen it is then." Callen said turning to the kid, "Hey Jake…you like that?" he asked. He smiled as Jake yawned.

Deeks turned to Gibbs, "I remember Max…Me shooting Martinez, I should go down for that but I didn't shoot the cop."

"Agent and we have you on tape doing it." Gibbs said as Callen and Rachel left Deeks' eyes followed Jake out the door before closing in defeat.

"I didn't shoot him, but what the hell…Charge me anyway, I'm done Agent Gibbs…its over." Deeks said and sat with his head on the desk.