Lady Justice and the Magic Dragon, page 7
part #29 of Lady Justice Series
I saw the dumbfounded look on his face. “That’s your wife?”
“One of them, and I love her dearly. Now, here’s what we’re going to do. We’re going downstairs and you’re going to knock on the door. When your partner asks, you tell him you took care of the old guy. Got it!”
He nodded.
“Good. When he opens the door, we’ll both step inside and I’ll get the drop on him. No funny stuff. Alexa may not be able to shoot you, but I sure as hell can.”
Just before we left the apartment, I made one more request. “Alexa, call 911.”
“Calling,” she replied.
We headed downstairs and the guy knocked.
“Everything okay, Denny?”
I poked the gun in his ribs.
“Yeah, Carl. I took care of the guy.”
I heard the door click. “Okay, come on in.”
We stepped in, and I pointed my gun at Carl. “Drop the gun. It’s over.”
I saw the startled look on his face. He quickly recovered, and instead of lowering his weapon, he grabbed Dad and pointed the gun at his head.
“No, I don’t think so. You ice Denny and I’ll take out this old fart.” He thought for a moment. “No, on second thought, I’ll just shoot you first, then take out these two. Either way, you lose. Looks like we’ve got us a stand-off here. How do you want to play it?”
“I’ll tell you how we’re gonna play it, scum bag. You’re gonna let go of John and drop your gun.” It was Bernice.
A year or so ago, she and Dad had taken concealed-carry classes, gotten their permits, and bought hand guns at a local gun show. Bernice had bought a little .32 revolver she wears strapped to her leg.
Carl took a quick peek, and his eyes grew wide seeing the scrawny senior citizen holding a gun.
Bernice didn’t waste any time. “This is just a .32. It’s not the most powerful handgun in the world, but it would put a pretty good-sized hole in the back of your head. You’re probably thinking, can I take out the old gal before she gets off a shot? You’ve got to ask yourself one question. Do I feel lucky? Well, do ya, punk!”
It didn’t take Carl long to decide. “Well, shit!” he mumbled, laying down his gun.
It was easy to see why Dad was head over heels for this tough old broad.
I bound his hands with duct tape and heard sirens in the distance.
After Carl was securely bound, Bernice walked up, waving the gun under his nose. “You don’t want to make old people mad. We don’t like being old in the first place, so it doesn’t take much to piss us off!”
Then she kicked him squarely in the nuts.
As he bent over groaning, she said, tauntingly, “If you’re in a lot of pain, I’ve got an Oxy I’ll sell you for twenty bucks!” Then she smacked him on the head. “Creep!”
I pulled Dad and Bernice aside. “Listen, I’ll bet those jerks have Oxy in their car. We could check it out before the cops get here. Maybe we can score some for your friend.”
They looked at one another, and a tear slid down Bernice’s cheek.
“It’s too late for Earl.”
“What do you mean, too late.”
“When we got home,” Dad replied, “we called his house to tell him we struck out, but we’d keep trying. His son answered the phone. He found Earl this afternoon. He was wearing his dress blues with his Purple Heart. Earl was in the navy, a gun boat on the Mekong River in Vietnam. His service revolver was in his hands.”
“Oh, Jesus. I’m so sorry.”
“There was a note asking his kids to forgive him. He just couldn’t take the pain any longer. He said not to be sad for him. He was going where it wouldn’t hurt any more. It’s a damn shame. It was the government he served and fought for that took away the one thing that made his life bearable.”
It looked like Arnie was right. Earl probably wasn’t the first, and most likely wouldn’t be the last, to fall victim to the government’s latest intrusion into our lives.
CHAPTER 12
It had been two weeks since our memorable Christmas party at the Mayview Center. I figured it was time to check up on Billy, Cindy, and Samantha. All three had been through a very stressful ordeal.
My plan was to stop by the center in the late afternoon after Billy and Cindy returned from work and Sam was out of school. Maggie and I would go together, then have dinner out. Maggie readily agreed. You can only eat so much tuna casserole.
When we arrived, Marsha greeted us warmly. “Walt, Maggie, so good to see you.”
“Same here,” I replied. “We just wanted to stop by and see how things are going.”
“Couldn’t be better,” she replied, smiling. “You wouldn’t believe the change in Billy since his confrontation with those two muggers. He’s more confident and I think some things that had been dormant for most of his life have begun to stir.”
“What kind of things?” Maggie asked.
“Well, I’m sure you noticed how Billy took little Sam under his wing at the Christmas party.”
We both nodded.
“No doubt there was a connection there. Now I think there’s something going on with Billy and Cindy.”
“You mean ---?”
“Yes, it’s pretty obvious. The three of them spend a lot of time together, and you should see the way Billy looks at her.”
Again, I was reminded of the line in Puff the Magic Dragon, ‘painted wings and giant rings make way for other toys.’ Billy is a twenty-eight-year-old man. Once freed from his childhood prison, it was only natural that he would discover the allure of the fairer sex.
“Any idea how Cindy feels about that?” Maggie asked.
“How do you think? She has spent the last seven years with a possessive, abusive pig. Suddenly, a kind, caring man, who adores her daughter has come into her life. It’s a great fit. I just hope they don’t move too fast. After all, Cindy is still married to that creep.”
Just then, Billy spotted us. “Walt, Maggie! What a surprise.” He gave both of us a big hug.
“We just wanted to stop by and see how you’re doing.”
“Doing great!” he replied. “In fact, I have some good news.”
“Really? What?”
“I’m going to attend GED classes in the evening after work. I’m going to get my high school diploma.”
“Congratulations,” I said, putting my arm around his shoulder. “We’re very proud of you.”
“After I get my diploma, I’m thinking about taking some classes at Penn Valley Community College. I think I’d like to be a social worker like Miss Coe, and help other kids the way she’s helped me.”
“Fantastic! With what you’ve been through, I’m sure you’d be a great counselor.”
“Great to see you both. I’d better get washed up. I don’t want to miss supper.”
When he was gone, I remarked, “What a change from the person I first saw rocking back and forth on the street curb.”
“Yes,” Marsha replied, fighting to hold back a tear. “Unfortunately, it doesn’t turn out that way for a lot of kids, but just seeing someone like Billy makes it all worthwhile.”
“Look Mommy! It’s Walt and Maggie!”
Cindy and Samantha had just arrived.
Sam rushed up and threw her arms around us.
“Hey, Sam. How’s school?”
“It’s really fun! I’m learning my ABC’s. I can even sing a song about them. You wanna hear it?”
“Sure.”
“ABCDEFG----HIJKLMNOP----QRSTU&V----WX&Y&Z. Now I’ve said my ABCS’s, tell me what you think of me.”
“I think you’re pretty special.”
“Okay Sam,” Cindy interrupted, “say goodbye to Walt and Maggie. It’s time to get washed up for supper.”
“Yes, Mommy. Goodbye Walt and Maggie,” she said, trotting off.
“Looks like she’s doing okay,” I ventured. “I saw she was still wearing Puff the Magic Dragon around her neck.”
“She hasn’t taken it off since Billy gave it to her. Not even in the shower. And that’s not all. Everything is Puff, Puff, Puff. We had to change from Kleenex tissue to Puffs. She would only eat Cocoa Puff cereal until I convinced her PUFFed wheat was just as good. She goes around singing that darn song all the time. I guess it could be worse.”
“It sounds like she’s enjoying school.”
“Thankfully, she is. School gets out at three, then she goes to an after-school program for working parents. It’s like an after-school day care. Several of the kids from her class are there, so she has a great time. I pick her up at 4:30, right after I get off.”
Just then, Billy returned. “I just ran into Sam. She wanted to know if we could all sit together for supper.” He blushed. “I said I’d check with you, Cindy. What do you think?”
She smiled. “I think that would be great.” She turned to us. “Great to see you both again.”
As we watched the two of them walk away, I turned to Marsha. “Alfred, Lord Tennyson said that in the spring, a young man’s fancy lightly turns to thoughts of love. Looks like Billy is jumping the gun a few months.”
“He’s making up for lost time,” she replied with a wink.
It was January, and according to my partner, Kevin, colder than a well diggers ass. Having never been acquainted with a well digger, I had nothing to compare to, but I took his word for it.
If I was still a cop, I’d be out there fighting the cold every day, but now that I’m a semi-retired, self-employed private investigator, I can choose when I want to work, and I choose not to when it’s bitter cold.
It’s one of the few privileges of growing old.
I had been content to sleep in, have a leisurely breakfast, then kick back and catch up on my reading. My author friend, Robert Thornhill, had just published volume #28 in his mystery/comedy series, Lady Justice and the Sixth Sense, and I was several books behind.
Needless to say, that all changed with one phone call.
“Walt! This is Cindy Stewart. I need your help! I don’t know what to do.”
“Take it easy, Cindy. Start from the beginning and tell me what’s going on.”
“It’s Samantha. She’s gone!”
“Gone! How? From where?”
“From the after-school day care center. I stopped by to pick her up like I do every day, but she wasn’t there. The teacher said her father picked her up. Can he do that?”
“To tell the truth, I’m not sure. Let’s meet at the Mayview Center and talk to Marsha Coe. She deals with this kind of thing all the time. She’ll know.”
“Fine. I’ll meet you there. Please hurry!”
After Cindy had shared her story, Marsha shook her head. “You’re not going to like what I’m about to say.”
Cindy was horrified. “You mean that bastard can just take my little girl?”
“The problem,” Marsha replied, “is that Sam is his little girl too --- at least from a legal point of view. As a parent, he has the same rights as you. We assumed custody wasn’t going to be an issue since he hadn’t made any overtures since the two of you left, but now it seems that has changed.”
“So how can I get her back? Sam wants to be with me and should be here with me --- not with that creep!”
“Unfortunately, if you and Daryl can’t come to an agreement on your own, it will be up to the courts to decide.”
“Daryl and I will never agree,” she said, wringing her hands. “How does this court thing work?”
“Hang on a minute,” Marsha said, rummaging through her desk. “We have a handout that will explain it better than I can.”
A moment later, she handed the brochure to Cindy.
Cindy read it, then handed it to me.
Child Custody Rights During Separation
By Christopher Coble, Esq. on September 23, 2015
Child custody issues are usually resolved as part of divorce proceedings. But what happens before the divorce is finalized? How do you sort out child custody if you and your spouse are separated?
Fortunately, most child custody decisions are made on a single legal principle. Unfortunately, divorcing parents still tend to fight bitterly over custody. Here are your child custody rights before a divorce and some ideas for making child custody decisions during a separation.
What’s in the Child’s Best Interest?
Child custody can be contested in a variety of contexts: pre-divorce, post-divorce, and between non-married parents. But in each case, child custody decisions are made in the child’s best interests. While this sounds simple enough, the best interest standard can vary from state to state and courts and mediators can consider a range of factors when making child custody decisions:
The child’s wishes, if the child is old enough and state law allows
The mental and physical health of the parents
The need for continuation of stable home environment
Any adjustment to school and community
Evidence of parental drug, alcohol, or sex abuse or parental use of excessive discipline or emotional abuse
The interaction and interrelationship with other members of household, and members of extended family of either parent
Religious and/or cultural considerations
Ultimately, courts will try to craft a custody arrangement in the best interest of the child or children involved.
“This ought to be a slam dunk,” Cindy said, “Sam definitely wants to be with me, and Daryl is an abuser and a drunk. I need to get a lawyer and get in front of a judge. How soon can we do that?”
“Again,” Marsha said, “You’re not going to like what I’m about to say. We can help with the lawyer. We have a good one who specializes in family law. Unfortunately, court dockets are jammed with cases. You might not get a hearing for weeks. And that’s not all. You said your case was a slam dunk because Daryl is an abuser and a drunk. I believe you, but you have to prove it in court. Let me ask you this. Has Daryl ever been arrested for a DUI?”
“Not that I’m aware of, but he comes home smelling of booze almost every night. That’s when he gets abusive.”
“Next question. After taking a beating, have you ever gone to the hospital or called the police?”
Cindy hung her head. “No, I should have, but I never did.”
“Then what you have is your word against his. The things you say may be true, but you have to have proof in court.”
Now Cindy was in tears. “So there’s nothing I can do to get my baby back? Why can’t I just take her?”
“That’s a problem, too,” Marsha said, reaching for another pamphlet. “Listen to this. ‘Although couples have equal rights and responsibilities, one parent may take the children if it is necessary to protect them from the other parent. However, unless the children themselves are at risk, taking the children may not be justified. Where there are no serious protection concerns, a parent who takes the children away from one parent with the intention of keeping that parent from seeing or having contact with the children could face criminal charges.’ If you took Sam away, you’d have to prove that she was in danger with Daryl. Without proof, you could face charges.”
“But that’s exactly what he did to me. He took her away!”
“That’s where the second part comes in. If he denies you from seeing her or having contact with her, he could face criminal charges. You still have the right to see your daughter.”
Cindy turned to me with tears streaming down her face. “Walt, is there anything you can do?”
I felt totally helpless. “Marsha knows family law a whole lot better than I do. It sounds like you need to see that attorney as soon as possible and get the process started.”
She slumped in her chair, sobbing.
I’ve known for a long time that life isn’t always fair, and this situation was a perfect example.
CHAPTER 13
Two days later, Cindy had just arrived at the Mayview Center from work when her cell phone rang.
“Mrs. Stewart, this is Helen Rawlings at Westview Day Care. I’m calling about Sam.”
“What about her? Is she all right?”
“Yes, Mrs. Stewart, she’s fine. The reason I’m calling is that, well, for the past few days, your husband has been picking her up. It’s almost five and he hasn’t shown up. I tried calling his cell but it goes straight to voice mail. I’m sorry to bother you. I didn’t know who else to call.”
Cindy was ecstatic. “No, you did exactly the right thing. I’ll be there in ten minutes.”
“Mommy!” Sam squealed, rushing to her mother. “I missed you so.”
“I missed you too,” Cindy replied, scooping her up in her arms. “Let’s go home where you belong.”
“I was scared and lonesome, but I was okay because Puff was with me, just like Billy said,” Sam said, proudly holding up her necklace.
“Puff is pretty special and so is Billy. He’s anxious to see you too.”
It was a joyous reunion when they arrived at the Mayview Center. Billy, Marsha, and several other moms welcomed them with open arms.
“How did this happen,” Marsha asked.
After Cindy shared her story, Marsha frowned. “I can only speculate why Daryl didn’t pick up Sam, but I’m pretty sure of one thing, he’s going to be really pissed when he discovers you’ve taken her. He may even show up here like he did before. Billy, lock the front door.”
Throughout the evening, they kept a watchful eye, but Daryl never came.
The next afternoon, Cindy arrived at the day care at four-thirty, but Sam was not there.
“I’m so sorry, Cindy,” Mrs. Rawlings said, apologetically. “Your husband picked Sam up as soon as school was dismissed. Sam didn’t want to go with him, but Mr. Stewart is her father. There was nothing I could do.”
“It’s not your fault. I’m just sorry you’re in the middle of our domestic problems.”
“That bastard!” Cindy muttered as she drove to the Mayview Center.
Marsha could see that Cindy was upset. “Where’s Sam? Wait --- don’t tell me --- Daryl picked her up before you could get to her.”
