The Fugitive (12 page)

What his parents needed was another kid or two, somebody else around the house to observe and analyze. When it came to being an only child, he had already decided that the good outweighed the bad. There were times, though, when he needed some company, someone else to get the attention. But then, Chase had a big sister who was thoroughly obnoxious. And Woody's oldest brother was in Juvenile Detention. And Aaron had a little brother who was mean as a snake.

Perhaps Theo was indeed lucky.

Still no word from Bobby.

I
n a motel thirty miles from Strattenburg, Bobby Escobar sat on his bed and watched yet another old movie on television. There was no Spanish-language station, and he struggled to understand what was happening. He tried, though. He listened hard and often tried to repeat the rapid English, but it was overwhelming. It was his third night in the motel, and he was tired of the routine.

There was a connecting door to the adjacent room, and he could hear Officer Bard in there laughing at something on his television. Officer Sneed was in the other room next door. Bobby was sandwiched between, thoroughly protected. The two cops were going overboard to make him comfortable. For dinner, they went to a Mexican restaurant with good enchiladas. Lunch so far had been either pizza or burgers. Breakfast was at a waffle house where the locals gathered and wondered who they were. Between meals, they either stayed at the motel playing checkers or roamed around the town killing time. For fun they coaxed Bobby into repeating English words and phrases, but his progress was slow. The cops were getting bored, too, but they were professional and serious about their job.

At 9:07 p.m., his new cell phone vibrated beside him. A text message in Spanish read:
Bobby, you are a dead man in court. The lawyers will devour you. You are an idiot if you walk into that courtroom.

He grabbed the phone, stared at the unknown number, and was stricken with fear. No one had his number but the police, his boss, his aunt Carola—Julio's mother—and Theo Boone. He'd had the phone for less than a week and was still trying to learn how to use it. Now, a stranger had found him.

What should he do? His instinct was to yell at Officer Bard and show him the text, but he waited. He tried to calm himself by breathing deeply.

Two minutes passed, and at 9:09 p.m., the phone vibrated again with another text message:
Bobby, the police plan to arrest you immediately after the trial. You can't trust them. They are using you to get what they want, then they'll slap on the handcuffs. Run!

The Spanish was perfect. The unknown number had the same 445 area code. He panicked but didn't move. He felt like crying.

At nine fifteen, the third text arrived:
Bobby, the police are lying to you, Julio, Theo Boone, everybody. Don't fall for their trick. They care nothing for you. It's all a trap. Run, Bobby, run!!!

Slowly, Bobby pecked out a reply:
Who is this?

Half an hour went by without a response. Bobby felt sick and went to the bathroom. He hung his head over the commode and tried to vomit, but nothing happened. He brushed his teeth, killed some time, and never took his eyes off the phone. Officer Sneed checked in and said he was going to sleep. Bobby assured him everything was fine. Tomorrow was Tuesday, the second day of the trial, and they doubted Bobby would go to court. According to Sneed, Jack Hogan still planned to call Bobby to the witness stand on Wednesday. So, tomorrow would be another slow day.

Thanks, Bobby said, and Sneed went off to bed. Officer Bard was winding down in his room, the adjoining door still open. He puttered around his bathroom, put on a T-shirt and gym shorts, then stretched out on his bed for more television. Several times Bobby almost walked into his room to show him the text messages, but he hesitated.

He didn't know what to do. He liked the cops and they were treating him like someone important, but they lived in another world. Besides, they were just regular street cops. Their bosses made the decisions.

At nine forty-seven, the fourth text came through:
Bobby, we know your mother is very ill. If you walk into that courtroom, you will not see her for years. Why? Because you'll be rotting away in an American jail waiting to be deported. It's all a trap, Bobby. Run!

The battery was half dead. Bobby quietly plugged the phone into his charger. As he waited, he thought about his mother, his dear sick mother. He had not seen her in over a year. His heart ached when he thought about her and his little brothers, and his father and how hard he worked trying to feed the family. He had encouraged Bobby to travel to America, to get a good job, and hopefully send money home.

At ten o'clock, Officer Bard stuck his head through the door and asked, in awful Spanish, if all was well. Bobby smiled and managed to say, “Good night.” Bard closed the door, turned off his lights, and Bobby did the same.

An hour later, he eased from his room into the hallway, down one flight of stairs to the ground floor, through an exit door, and into the darkness.

Theo and Judge were sleeping soundly around midnight when a soft noise interrupted the peace. It was the gentle vibration of a cell phone on the nightstand. The dog wasn't bothered by it, but Theo awoke and grabbed it. The time was 12:02.

“Hello,” he said, almost in a whisper, though he could have yelled and his parents would not have heard him. They were asleep downstairs, far away, with their door shut.

“Theo, it's me, Julio. Are you awake?”

Theo took a deep breath and thought of all the smart retorts he could serve up at that point, but quickly realized something was wrong. Otherwise, why the call? “Yes, Julio, I'm awake now, so what's the matter?”

“I just talked to Bobby. He called here, woke us up. He's run away from the police. He's scared and he's hiding and he doesn't know what to do. My mom is crying.”

Great. Crying is so helpful at this point. “Why did he run away?” Theo asked.

“He said everybody is lying to him. The police, you, me, the judge, the prosecutor. He doesn't trust anyone and thinks he'll be arrested as soon as the trial is over. He says he's not going near the courtroom. He's very upset, Theo. What are we going to do?”

“Where is he?”

“In the town of Weeksburg, wherever that is. He was in a motel with the police, and he waited until they went to sleep. He says he's hiding behind a quick shop that's open all night, says it's a rough part of town. He's very scared, but he's not going back to the police.”

Theo was out of bed and pacing around his room. Still half asleep, he was struggling to think clearly. Judge watched him curiously, irritated that he was awake and ruining a good night's sleep. “You think he would talk to me?” Theo asked.

“No.”

“Probably not a good idea anyway.” In fact, it was a lousy idea. Theo knew it was time for him to butt out and let the adults handle the situation. The last thing he wanted was Judge Gantry yelling at him about tampering with a witness. In fact, Theo decided right then to forget the trial. Forget Pete Duffy and Bobby Escobar. Forget Jack Hogan and Clifford Nance. Forget everything and just return to being a normal kid.

If Bobby Escobar wanted to vanish, Theo couldn't stop him.

“I don't know what to do, Julio,” he said. “Really, there's nothing we can do.”

“But we're worried about Bobby. He's out there hiding.”

“He's out there because he wants to be out there, plus he's a pretty tough guy, Julio. He'll be all right.”

“This is all your fault.”

“Thanks, Julio. Thanks a lot.”

Theo got in the bed and stared at the ceiling. Judge quickly fell asleep, but Theo was awake for hours.

• • •

He slowly filled a spoon with Cheerios, then flipped it, dumping the cereal back into the milk. He took a bite every now and then, but couldn't taste anything. Fill the spoon, then dump it. Below him, Judge was having no such trouble.

Mrs. Boone was in the den, enjoying her diet soda and newspaper, oblivious to the disaster that was about to unfold in the Pete Duffy trial. By now, the police had discovered that Bobby was missing. They had undoubtedly called Jack Hogan, and the entire prosecution was in chaos. What would the courtroom be like in an hour or so? Theo was dying to know, but then he was also determined to ignore the trial.

At eight a.m., he rinsed their bowls in the sink, put the milk and orange juice back in the refrigerator, walked to the den, and kissed his mother on the cheek. “Off to school,” he said.

“You look sleepy,” she said.

“I'm fine.”

“Do you have lunch money?” She asked the same question five days a week.

“Always.”

“And your homework is complete?”

“It's perfect, Mom.”

“And I'll see you when?”

“After school.”

“Be careful and remember to smile.” Theo hated to smile because his teeth were covered with thick braces, but his mother was convinced that every smile made the world a happier place.

“I'm smiling, Mom,” he said.

“Love you, Teddy.”

“Love you back.”

Theo smiled until he got to the kitchen. He hated the nickname “Teddy” and mumbled it under his breath. He grabbed his backpack, patted Judge on the head and said good-bye, and left the house. He flew across town and ten minutes later was standing in front of Ike's desk. Theo had called an hour earlier and Ike was waiting, red-eyed and looking awful.

“It's a disaster,” he growled. “A complete disaster.”

“What'll happen, Ike?”

Ike gulped coffee from a tall paper cup. “Remember Jack Hogan's opening statement, when he promised the jury they would hear from Bobby Escobar, his star witness? Remember?”

“Sure.”

“Well, that was a mistake, because now, if Bobby doesn't show, the defense will move for a mistrial, and Judge Gantry will have no alternative but to grant one. A second mistrial, Theo. And guess what? Under our laws, a second mistrial means the charges will be dismissed. It means Duffy will walk on the murder charge. He'll serve a few short years for the escape, but he'll be out soon and living the good life. He'll get away with murder, Theo. That's what's about to happen. It's a disaster.”

Although Ike had not mentioned the reward money in some time, Theo suspected he thought about it a lot. He earned a simple living as a tax accountant, but had little to show for it. His car was twenty years old. He lived in a run-down apartment. His office was shabby and disorganized, though Theo loved it.

Ike seemed particularly upset by the fact that a second mistrial was now likely. He said, “They have to find this boy.”

Theo wasn't about to tell anyone he had Bobby's cell phone number; not that it would help. Theo was quite certain that Bobby, wherever he was hiding, was not about to answer his phone. Theo asked, “When do they tell Judge Gantry that the star witness has disappeared?”

“Who knows? If I were Jack Hogan, I'd keep it quiet as long as I could and hope like crazy that they find Bobby. Hogan has a bunch of witnesses he can put on the stand before he needs Bobby, so he'll probably keep going forward as if nothing is wrong. But by tomorrow, if they don't find him, the game is over. I don't know, just speculating.”

“And there's nothing we can do, right?”

“Of course not,” Ike snapped. “All we can do is wait.”

“Okay, I'm outta here. Off to school. You headed to the courthouse?”

“Oh yes. I wouldn't miss it for anything. I'll call you during the first recess.”

Julio was waiting by the bike rack. He and Theo whispered for a few minutes as they headed to class. No word from Bobby. He was not answering his phone. Theo said, “I'm sure the police are searching everywhere. Maybe they'll find him.”

“You think he's okay, Theo?”

Theo said, “Sure, he'll be fine.” But he had no clue.

“I'm sorry I said it was all your fault, Theo. I didn't mean it.”

“It's okay. Let's get together during lunch break.”

“You got it.”

A
t nine a.m., as Theo sat through Madame Monique's Spanish class, he watched the clock on the wall and wondered what was happening in court. The trial was starting its second day. The courtroom was undoubtedly still packed. The jury was being brought in to hear the next round of witnesses for the prosecution. Everything seemed fine. No one but Jack Hogan and his team knew the truth—that their star witness had gone missing. An hour later, Theo was suffering through Geometry with Miss Garman and thinking of Bobby, who was probably hiding in the woods somewhere watching police cars zip around Weeksburg in their frantic search. He had managed to travel all the way from El Salvador, through Mexico, across the border, and into Strattenburg, without being detected. Theo had often wondered how millions of people could enter the country illegally and live and survive. They knew the secrets of moving in the shadows and avoiding the authorities when necessary.

If Bobby wanted to disappear, they would never find him.

There was a ten-minute break between Geometry and Government with Mr. Mount, and Theo rushed to the playground to call Ike. No answer. He was watching the trial, unable to talk or text.

In Government, Theo stood before the class and gave a summary of the opening of the trial. Since the boys had seen the first day of the first trial, they had a hundred questions. Theo gamely went along, answering them all.

At noon, during the lunch break, Ike finally called. He said the morning had gone as planned without a word about the missing witness. Jack Hogan had told no one. Judge Gantry seemed oblivious. However, Clifford Nance and his defense team seemed much more confident than the day before. “They know,” Ike said. “Something tells me they know.” But Theo wasn't so sure. Ike tended to exaggerate at times.

Theo found Julio and explained what was happening at the trial. Julio suggested they call Bobby on Theo's cell, but Theo said no. “He's too smart to answer his phone, Julio.”

The afternoon dragged by, slower than ever, and Theo suffered through Chemistry, study hall, and Debate Team practice. When the final bell rang at three thirty, he hopped on his bike and headed for the courthouse.

It was odd, watching the trial as if everything was fine, but knowing that the entire show was about to come to another shocking end. The jurors listened intently to the witnesses. The lawyers took pages of notes, scanned documents, and took turns questioning the witnesses. Judge Gantry presided solemnly, occasionally ruling on objections from the lawyers. The court reporter captured every word. The clerks shuffled papers and kept things in order. The spectators watched it all, captivated by the drama. The defendant, Pete Duffy, sat surrounded by his lawyers, and never changed his expression.

Jack Hogan and the prosecution team did indeed look a bit frazzled, but Theo could not detect an unusual amount of confidence on the other side of the courtroom. Everything seemed as normal as you might expect in a big trial.

The last witness of the day was a banker. Jack Hogan was walking him through a series of questions about Pete Duffy's loans and finances, all in an effort to prove the defendant was desperate for cash. Thus, his need for the life insurance proceeds. Thus, a motive for murder. Some of the testimony was over Theo's head, and it became quite dull.

As Theo listened, he watched Judge Gantry, and he felt a mix of sadness and anger. He was sad because the judge was presiding over an important trial, thought things were going well, and had no idea serious trouble was just around the corner. Theo was angry because the trial was about to blow up, and Pete Duffy would once again dodge a conviction for murder. He was certain the police were combing every square inch of Weeksburg, looking for Bobby as the clock ticked and a disaster loomed. And what if they found him? Could they arrest him, and haul him to the courthouse, and force him to testify? Theo didn't think so.

Judge Gantry adjourned at five fifteen and sent the jurors home. Theo and Ike chatted for a moment outside the courthouse. Across the lawn, Omar Cheepe was smoking a cigarette and talking on his cell phone. He glared at Theo as he did so. Ike promised to call if he heard anything, and Theo said good-bye. He took his time riding back to the office. He locked his door and lay on the floor, talking to Judge, telling him how awful things were going. As always, Judge listened intently, staring at Theo with eager eyes, believing every word and ready to help. It always felt good to talk to someone, even a dog.

Mrs. Boone was in her office with a late appointment. Mr. Boone was upstairs, smoking his pipe and reworking the language of a thick document. “Got a minute, Dad?” Theo asked, interrupting.

“Well, sure. What's on your mind?”

“You're not going to believe this, but Bobby Escobar has disappeared.”

Mr. Boone's jaw dropped. Theo told him the rest of the story, even the part about having Bobby's cell phone number.

It was Tuesday night, and the Boones walked a few blocks to the Highland Street Shelter to visit the homeless. As always, Theo worked the food line, serving hot vegetable soup and sandwiches to people who had no place to go. Many of the faces were familiar, sad folks who had lost everything and somehow survived without a place to live. They slept on park benches, and under bridges, and in cheap tents hidden in the woods. They rummaged through Dumpsters and begged on the streets. The lucky ones, about fifty in all, lived at the shelter, but most would eat their dinner, slowly, and leave to return to the darkness. Some abused drugs and alcohol. Some were mentally ill. Volunteering at the shelter always made Theo stop and remember how lucky he was.

After everyone was served, Theo, his parents, and the other volunteers had a quick dinner in the kitchen. Some of the volunteers began washing dishes and storing the leftovers. The Boones drifted away. Mrs. Boone went to her little room to meet with clients. Mr. Boone set up shop in a corner and began reviewing Medicare forms for an elderly couple.

Theo was tutoring a fourth grader in math when his cell phone vibrated. It was Julio. Theo excused himself and stepped outside where he could talk. Julio explained that he had just talked to Bobby. He was hiding in an apple orchard far from town, in an old warehouse where other undocumented workers were living. The police had stopped by once, but the workers knew how to avoid them. He was in the process of arranging a ride back to Texas where he would recross the border and head home.

“Did you tell him he needs to stay and to testify tomorrow?” Theo asked, though he knew the answer.

“No, Theo, I did not. Bobby's gone.”

Later, when they were home and Theo was getting ready for bed, he told his parents about the phone call.

His father said, “Well, tomorrow should be a very interesting day in court.”

Theo replied, “I think I should be there.” Though he was telling himself he had no interest in the trial and didn't care what happened, he couldn't deny the truth.

“And why is that?” his mother asked.

“Come on, Mom. Why can't you admit that you and Dad and every other lawyer in this town would love to be in court when Jack Hogan is forced to announce that his star witness has disappeared? Talk about high drama. Clifford Nance will go nuts and jump up and down demanding a mistrial. There'll be a big fight, everybody yelling, everybody shocked at what's happening. You know you would love to see that.”

“I'm very busy tomorrow, Teddy, and so are you. You've missed enough school and—”

“I know, I know. But school is so boring. I'm thinking about dropping out.”

“Might be a bit tough getting into law school if you don't finish middle school,” his father observed wisely.

“Good night,” Theo said, already headed for the stairs with Judge at his heels. He locked himself in his room, stretched out on his bed, and stared at the ceiling. There was only one thing left to do and he'd thought about it all afternoon. The idea was to send Bobby a text, a final, desperate plea to do what was right. He was convinced he could do it and not get caught. Bobby wouldn't tell anyone; in fact, Bobby was probably racing across the country now, stuffed in the back of a truck full of apples headed for Texas.

Or maybe he wasn't. Maybe he was still hiding, and his only means of contact was his cell phone.

Theo opened his laptop and wrote a message
: Hi Bobby, Theo here. The trial is almost over. Tomorrow is very important. And we need you to be here. You will be safe and you will do a great job in court. Please come back. Your friend, Theo.

He pulled up a Spanish dictionary and began translating. Madame Monique always said that language learners make the mistake of trying to translate word for word, but at the moment, Theo had no choice. He tinkered with it for half an hour, certain it was full of little mistakes, then punched it into his cell phone. He hesitated, knowing he was doing something wrong, but sent it anyway.

After an hour of fidgeting and tossing, he finally fell asleep.