Witness Statement from Abigail Sciuto:

I was asked to visit the scene of the crime to find a specific piece of evidence that I determined could be present at the original crime scene. Though this evidence could have been found by an agent, I asked to visit the crime scene. I rarely go out in the field and was looking forward to it. Permission was granted by Special Agent Leroy Jethro Gibbs. He assigned Special Agent Anthony DiNozzo to take me to the scene. My understanding was that there was no threat to any of us.

Upon arriving at the scene, Agent DiNozzo handed me a vest from the trunk of the car. He told me that it was "Just in case." He appeared nervous about having me out in the field. I protested but put the vest on anyway. I asked him if he had one on and he told me no. The vest I was wearing was the only vest in the car. I protested again about having to wear the vest but he did not back down.

At the scene, we looked for evidence for about seven minutes when suddenly, Agent DiNozzo grabbed me and pulled me to him. I thought he was hugging me at first but then I heard a gunshot. I felt Agent DiNozzo get hit with the bullet and then it hit me in the chest. I was hit again in the back on my right shoulder blade. That was when we fell over.

Agent DiNozzo was still holding onto me when I heard another gunshot. I saw the man from the front fall down and I then turned around and saw someone else running away from the scene. Agent DiNozzo was still holding onto me and I told him that they were gone. I did not realize the extent of his injuries at the time. I then saw blood on my vest where the bullet had hit. I looked to him and saw that his shirt was bloody and I felt blood on his back. He was dead about a minute later. The death was confirmed by our Medical Examiner, Dr. Donald Mallard.


"You know," began Ziva softly. "I once told Tony that those would be his last words."

She and Abby were down in Gibbs' basement. It was after the funeral they had done quite enough mingling upstairs with those that had come to the funeral. They were now sitting on the steps, sipping Bourbon.

"Yeah," whispered Abby. "Tim told me." She smiled. "Tony probably said that because he was thinking about you."

Ziva sniffed and wiped her nose with the back of her hand and took another gulp of Bourbon. "I've seen a lot of people die, Abby. So why does this hurt so much more?"

Abby put an arm around her shoulder. "It's okay to feel sad about this, Ziva. He was your partner. He was your friend. He was family. We all are." She swallowed down a sob and steadied herself. "When Kate died…I was so depressed for days. She was like the sister I never had. I always wanted a sister and Kate was like the answer to my wish. It took me a long time to get over her death. And Tony was there for me…like an older brother. I know it's going to take me awhile to realize that he's gone…" She drifted off as her voice grew thick. She heaved a breath to steady herself.

Ziva put her arm around Abby's shoulder. "Call me crazy, I do not care, but sometimes I think I see him. Like out of the corner of my eye I will see him standing there with that silly grin on his face."

Abby smiled. "I saw Kate after she died."

"When did she go away?"

"When I accepted her death."

"Did it hurt?"

"A little. But I felt better. I realized that Kate wouldn't want me to stop living because of her death." She sighed. "I know Tony would want the same. And as much as it hurts, I'm absolutely positive that that was what he wanted because he died for me." She threw back some more Bourbon as some tears fell into the jar. "I know it's not my fault…but I just wish I could go back."

Ziva hugged Abby closer. "I know. I wish I could go back even further and say so many things."

They heard someone clear their throat and turned to see Tim behind them. He looked a little lost. Abby jumped up and pulled him into a hug. "Oh, Timmy." He hugged her tightly and then descended the steps to get his own jar to fill with Bourbon.

"Mind if I join you," he asked.

"Of course not," exclaimed Abby,

"I just can't be up there anymore," vented Tim. "All those people…all those higher ups…and SecNav! He's drooling over Tony's record, practically claiming credit for it." He looked at the Bourbon and set it down on the workbench. "I don't think I can do this."

"Probie," barked Abby. "Don't you talk like that! What would Tony say if he saw his Probie giving up? In fact, he's probably watching us right now. I think you owe him an apology."

Tim rolled his eyes. "I refuse to apologize to DiNozzo, dead or not."

Abby grinned. "Now that's more like the Timmy I know."

"That's actually just Timmy obeying Rule #6," said Gibbs as he came down the steps.

"Never apologize; it's a sign of weakness," they all said together in a monotone voice.

"That's better," said Gibbs. He squeezed McGee's shoulder for a silent support. He looked up as Ducky and Palmer walked down the stairs.

"About time you joined us, Duck, Jimmy," said Gibbs.

"It's not like you've been down here long, Bossman," teased Abby.

"She's right, Gibbs," called Vance as he closed the basement door behind him. "I didn't think you would last that long. McGee."

Tim groaned as he pulled out a twenty and handed it to the Director. He looked at his Boss apologetically. "I thought you'd be down here quicker, Boss."

"I'm not even sure what possessed me to let them in my house," growled Gibbs.

"Well, it's been a rough week," noted Ducky.

"You cleaned the place up nicely," Jimmy awkwardly pointed out. They all looked at him and he just shrugged with a sheepish grin.

Ziva conceded. "I think he does have a point, Gibbs."

Gibbs rolled his eyes and poured himself some Bourbon and the offered jars to Vance, Ducky, and Palmer. They all took the jars filled with Bourbon and held them up to the ceiling together.

"To Very Special Agent Anthony DiNozzo," said Gibbs. "May he rest in peace."

They threw the bottoms up, welcoming the sting of the Bourbon as it went down their throats.

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