If Only

[mjcmmv]

Many of us had questions as to why Sonny Crockett was allowed back on the force after all the crimes he'd committed as Burnett. Here’s one scenario that could have happened. Or, maybe should have happened.

 

IF ONLY

Chapter 1: We thought we knew you …

 

The part that bothered him most was that Rico wouldn’t look at him. No matter how many times he’d assured him he wasn’t guilty, his partner wasn’t buying it. 

Three other members of his squad were in the back of the court room today. Gina,  who looked distraught, had come to the trial on her own. Stan had been called as a witness for the prosecution, so he sat there with an angry expression plastered on his face.  Castillo was a witness for the defense. He was keeping his feelings to himself. 

Murdering a fellow cop rated right up there with ‘serial killer’. Or worse, ‘mass murderer’. Didn’t matter that the cop he killed was dirty. Sonny had pulled the trigger. And he knew the price for this was going to be steep.

He wasn’t undercover when it happened. He wasn’t even considered a cop that day. He was nothing  more than a thug,  a cheap hood “in a shark-skin suit” as Celeste would say. 

At first, when they questioned him, Sonny said he couldn’t remember what happened. When his so-called amnesia lifted, he insisted he killed the cop in self-defense. But Hagovitch had toppled backward into the water and his gun was never found. Plus, there wasn’t an eyewitness, so all they had was Sonny’s word. 

His lawyer was considered one of the best. Thanks to Caitlyn’s royalties still rolling in, he could afford him. His name was Gerald Franklin. He wore a shark-skin suit. 

“Please rise!” the bailiff  cried. “Miami-Dade County’s Eleventh Judicial Circuit, Criminal Division, is now in session, the Honorable Judge William Jenkins presiding.” 

His honor, William Jenkins and his black robes swirled in and he sat behind the bench. “Good morning, Ladies and Gentlemen. Except for the jury, you may all be seated. Will the bailiff, David Benson, please swear in the jury?”

The seven men and five women  were sworn in and told to be seated. 

Judge Jenkins peered at the jury over his reading glasses and proceeded to give them their instructions. “Members of the jury, your duty today will be to determine whether the defendant is guilty or not guilty, based only on facts and evidence provided in this case. The prosecution must prove a crime was committed and the defendant is the person who committed the crime. However, if you are not satisfied of the defendant’s guilt and reasonable doubt exists, then the defendant must be found not guilty. Mr. Benson, what is today’s case?”

“Calling the Case of the People of the State of Florida vs. James S. Crockett. 

“Are both sides ready?

The Deputy DA, Michael Radcliff stood. “Ready for the people, Your Honor.”

Then, Gerald Franklin stood. “Ready for the defense, Your Honor.”

Michael Radcliff walked over to the jury box. “Your honor. Ladies and gentlemen of the Jury. The defendant has been charged by the People of the State of Florida, with having committed the criminal offence of Murder in First Degree. He caused the  death of Detective James Lawrence Hagovitch. It is believed Detective Hagovitch was attempting to place the defendant, James Crockett,  under arrest. The evidence will show that at 3:45, the afternoon of May 6th, 1988, the defendant, James Sonny Crockett, did willfully shoot and kill James Lawrence Hagovitch. The evidence will prove the defendant is guilty  as charged. Thank you.”

Gerald Franklin repeated the process only this time, he asked the jury to disregard the evidence presented. “Under the law, my client is presumed innocent until proven guilty. You will hear no real evidence against my client. You will come to know the truth: that James Sonny Crockett considered himself in danger of being shot to death by the victim, James Hagovitch,  and that he was defending himself by shooting the victim first. Therefore, my client is not guilty of the crime he is accused. Namely, First Degree Murder. Thank you. ”

It was as painful as he had expected it to be, watching his former partner, Ricardo Tubbs, take the stand and testify. Rico hadn’t actually witnessed the shooting, but he did see Sonny speed away from the dock after Hagovitch was killed. And he helped recover Hagovitch’s body, found floating face down in the water, a bullet wound in his chest.  

“Why were you in Fort Lauderdale in the first place, Detective?”

“It was believed my partner, Sonny Crockett died in a boat explosion, but his body was never found. I was in Lauderdale on my own fact-finding mission, to get to the bottom of what really happened.”

“And what did you find?”

“I found out my partner, Sonny Crockett wasn’t killed. He was working for Miguel Manolo, using his undercover identity. Sonny Burnett.”

“Did you talk to Sonny Burnett at that time?”

“Weeks later, I did. But not while he was working for Manolo.”

He was then asked if his partner had ever attempted to shoot and kill him over the last year. Rico was forced to admit he had. Twice. When Rico tried to add Sonny was an amnesia victim at the time and didn’t know what he was doing, the prosecutor silenced him by objecting and the judge upheld the objection. 

Polly Wheeler, an employee of the Art Gallery overlooking the scene of the crime, testified she knew the defendant and once had a personal relationship with him. She was asked if she witnessed the shooting, and she said no, she had not. She was asked if she ever saw James Crockett and James Hagovitch conversing together or in the same room at any time and she said yes. At the house of her former employer, Miguel Manolo. 

Stan Swieteck was called next. The prosecutor questioned him thoroughly, insisting Stan tell the jury about the day he was bringing Sonny to be booked for the crime.

“He overpowered you. Is that right?”

“Yeah. I mean, yes. I guess he did.”

“Hit you. Knocked you down.”

Stan’s eyes shifted away. “Yes.”

“And what did he say to you before he fled?”

“He said, ‘Sorry, Stan’.” 

“That’s all he said?”

“Yes.”

Finally, the Lieutenant. Martin Castillo knew the law and knew how his testimony could hurt or help his detective. 

To his credit, Sonny’s lawyer did his best. “Tell us how you apprehended the defendant, Lieutenant.” 

“He walked into our office at OCB of his own free will. He was immediately placed under arrest.”

“And when he escaped. How long was he at large.”

“A few days. He came back and turned himself in a second time.”

“What did he say when you questioned him about the death of James Hagovitch?”

“He said he didn’t remember what happened.”

Castillo went on to talk about Sonny’s character and his exemplary performance as a Vice Detective under his command. He also told the court that even though Sonny escaped, he did so to try and prove his innocence.  He was also trying to stop a shipment of drugs from being released onto the streets by bringing down a former partner, Cliff King. 

“Tell me Lieutenant Castillo. Did your department clear James Crockett?”

“My department accepted the psychiatrist’s report. It stated he had been suffering from amnesia brought on by a blow to the head from an explosion. They also accepted his statement he’d killed James Hagovitch in self-defense.”

“Did your department take into consideration the fact that James Hagovitch was suspected of engaging in illegal activities when it made  its decision?”

“Objection, your honor. James Hagovitch is not the man on trial here.”

“But your honor. The defense is attempting to show my client was aware the victim, James Hagovitch had no intention of arresting him. Rather, he was ordered by his employer, Miguel Manolo, to kill the defendant.” 

The Judge banged his gavel. “Enough! We will take a short recess. My chambers, counselors.”

Sonny hoped the jury had been paying attention. If they even got the impression Hagovitch was a “dirty cop”, he may have a chance to gain their sympathy or at the very least, it might have planted the seed of “reasonable doubt”. 

Martin remained in the witness box while the judge and both counselors were in chambers for twenty minutes. When the three men returned and the buzz in the courtroom died down, the judge announced his ruling. 

“The court has seen no evidence to support the allegation that Mr. Hagovitch was about to shoot the defendant. Therefore, the prosecutor’s objection to the defense counselor’s question concerning Mr. Hagovitch’s character and intentions at the time of the murder have been sustained. You will strike the question from the record, please. The jury is instructed to disregard the question they heard.”

“Lieutenant Castillo, “ Michael Radcliff continued. “You were aware Detective Hagovitch was assisting Ricardo Tubbs in an investigation as to the where-about of James Crockett, aka Sonny Burnett, were you not?”

“Yes. I was. But his role was very limited.”

“So, would it stand to reason Detective Hagovitch would attempt to arrest Sonny Burnett, considering the fact he tried to kill Detective Tubbs and God knows, who else?”

“Objection, your honor!”

“Sustained. Keep to the case at hand.”

“Sorry, your honor. I’ll rephrase. Is it reasonable to assume Detective Hagovitch might have been attempting to arrest Sonny Burnett after what he learned from Tubb’s investigation?”

Martin had been trying to come up with a way to soften the blow while the lawyers had been dueling each other, but there was no other way to answer the question. 

“Yes,” he said. He could have added that once they learned Hagovitch worked for Manolo and turned out to be the department leak, it was more reasonable to assume he was gunning for Sonny, but he knew the prosecutor would stop him cold.

After all the witnesses were called, the attorneys presented their closing statements and the jury was dismissed to deliberate. It took them two days. 

“Will the defendant please rise?”

Sonny and his lawyer stood. 

“Have you reached a verdict?”

The lead juror glanced at Sonny and then stared straight ahead. “We have your honor. 

“What say you?”

“We,  the jury find the defendant, James Sonny Crockett, guilty of the crime of First-Degree Murder.”

A collective gasp of disbelief could be heard throughout the courtroom.

“Was this a unanimous decision?”

“Yes, your honor. It was.”

“Thank you. You are dismissed.” 

The jury filed out.

“Mr. Crockett?”

Sonny stared up at the judge. “Yes, your honor.”

“You have been found guilty of First-Degree murder. The victim was a police officer, and the murder of a police officer in the State of Florida, may carry a death sentence. Therefore, a second trial, known as the penalty phase, will determine whether a life or a death sentence will be imposed.” He checked his docket calendar in front of him. “We will schedule the Penalty Phase for May 14, 1989 at ten thirty am. He banged the gavel and looked up. “You may now take Mr. Crockett into custody.” 

Two officers of the court handcuffed Sonny’s hands behind his back. 

“We’ll appeal, Sonny,” his lawyer said. Sonny looked back at him as he was led from the room. “And there were unusual circumstances so when the penalty jury hears them, they’ll lean toward mercy. I’m sure of it.” 

“Small comfort,” Sonny thought. “If I don’t get the chair, it’ll be a jail cell for life.”

The sentencing trial was brief. The jury heard about the unusual circumstances; that Sonny was recovering from the shock of losing his wife when he was involved in an explosion that put him in a state of amnesia. 

And then, when he was in the private sanitarium,  he was told he was a criminal, associated with a dangerous man, a drug lord by the name of Miguel Manolo. Confused and angry, he accepted this story. He had no idea who he was anyway, so it was the only thing he had to hold on to. In order to be accepted into this new world, he had to commit crimes. Sometimes even killings, if Manolo gave the order. It was the only way he could have survived. 

The jury didn’t accept any of it. Most likely they thought of him as a dangerous weapon, someone who could turn to evil at any moment and kill again. They recommended the death penalty and the judge agreed. 

“This capital felony was committed for the purpose of avoiding or preventing a lawful arrest. It was committed in a cold, calculated and premeditated manner without any pretense of moral or legal justification. Therefore, it is the judgement of this court that for the murder of James Hagovitch, the defendant is sentenced to be put to death in the manner prescribed by law.”

The judge stared down at Sonny. “It’s a shame, son. You were a good cop. And you have people who care about you. But you did the unthinkable. You killed one of your own. Before you are taken from this courtroom, do you have anything you want to say?”

It took a minute for Sonny to get his thoughts together. “Yes, I do your Honor. First, I apologize to the court and to James Hagovich’s family and friends for what happened to him. And I apologize to my family and friends, for causing them so much pain. But your Honor, the only choice I had was to pull that trigger. James Hagovitch found out I was a cop and under orders from Miguel Manolo, he was going to kill me. Therefore, your honor, I will continue to insist, shooting this man was self-defense. Not malicious or premeditated. Just self-defense.”

“Unfortunately, the jury saw things differently,”  Judge Jenkins said. He signaled to the two officers standing in the wings. “Please take Mr. Crockett into custody.”

They handcuffed Sonny and each man took an arm. Sonny glanced to the side and saw his lawyer give him an encouraging smile. In the back of the courtroom, he saw Martin Castillo. There was no emotion in his eyes, just that cold, calculating stare. Sonny’s eyes swept over the rest of the courtroom, hoping to see Rico or Gina or maybe even Trudy. They weren’t there. There was no one there he knew, or who believed in him. 

His eyes dropped to the floor as they led him away. 

[vicegirl85]

 

This would have been a realistic consequence of the Burnett activity.  Still, I hope Sonny's legal team and whatever friends he has left in the squad will be able to help him.  Looking forward to more!

[sdiegolo78]

That was brutal!

[sdiegolo78]

On 9/22/2019 at 11:10 PM, vicegirl85 said:

 

This would have been a realistic consequence of the Burnett activity.  Still, I hope Sonny's legal team and whatever friends he has left in the squad will be able to help him.  Looking forward to more!

Yes, we need a sequel! Can't see Sonny fry!

[Glades]

56 minutes ago, sdiegolo78 said:

Yes, we need a sequel! Can't see Sonny fry!

Do you know "If Only-Part2"?

[sdiegolo78]

1 minute ago, Glades said:

Do you know "If Only-Part2"?

Thanks, silly me couldn't find it! I deserve a Castillo stare-down...

[Robbie C.]

13 hours ago, sdiegolo78 said:

Thanks, silly me couldn't find it! I deserve a Castillo stare-down...

If you're looking for multiple parts, try searching the forum using the title. MJ and I were both pretty consistent in naming our stuff...always the full title and then part whatever. I thought about linking all of them in the reader's guide, but decided that would just be a mess (some of the novels have over 20 parts).

[mjcmmv]

On 3/26/2021 at 7:23 PM, sdiegolo78 said:

That was brutal!

True, if I'd ended it there, I would have been booed off the site!

Edited April 4, 2021 by mjcmmv

[sdiegolo78]

12 minutes ago, mjcmmv said:

True, if I'd ended it there! I would have been booed off the site!

LOL! I found the second part and read it. Great story!

[mjcmmv]

On 4/4/2021 at 8:18 AM, sdiegolo78 said:

LOL! I found the second part and read it. Great story!

Thanks! Only took me a year to see your post! 

[RedDragon86]

Brilliant! great writing proves you are unique and a cut above the rest, it's like playing the piano I can never understand how you do it. 

[mjcmmv]

24 minutes ago, RedDragon86 said:

Brilliant! great writing proves you are unique and a cut above the rest, it's like playing the piano I can never understand how you do it. 

Thank you, so much, RedDragon-you made my day! 

[mjcmmv]

6 minutes ago, mjcmmv said:

Thank you, so much, RedDragon-you made my day! 

Just so you know, it doesn't end there...there is a part two...

[Robbie C.]

And if you want to make sure you don't miss a part, @RedDragon86, try the search tip at the end of the first post in the fan fiction guide here. MJ's short stories split between self-contained and multipart (although most are multipart). My short stories are all self-contained...only the novels spread over (many) parts. The one story we co-wrote is a multiparter as well.