The Kill Clause by Gregg Hurwitz

possible, Deputy Rackley?”
    “I’m a very quick draw, ma’am.”
    “I see. And were you concerned that Mr. Mendez was going to fire at you?”
    “My primary concern was for the safety of others. We were on a street filled with civilians.”
    “So I can take that to mean that you weren’t concerned he was going to fire at you?”
    “I thought he was probably going to shoot one of the police officers in front of him.”
    “‘Thought,’” the lawyer said. “‘Probably.’”
    “That’s right,” Tim said. “Only I used them in a complete sentence.”
    “There’s no need to get defensive, Deputy Rackley. We’re all on the same side here.”
    “Right,” Tim said.
    The woman flipped through the file, then frowned, as if she’d just discovered something. “The crime-scene report indicates that Mr. Mendez’s weapon was still tucked into the back of his jeans when they assessed the body.”
    “Then we should be grateful he wasn’t given the opportunity to draw it.”
    “So he wasn’t trying to draw the weapon?”
    Tim watched the wheels of the tape recorder spin their lethargic circles. “I said he wasn’t given the opportunity to draw it. He was, in fact, attempting to draw it.”
    “We have mixed eyewitness reports regarding that fact.”
    “I was the only one behind him.”
    “Uh-huh. On the alley side.”
    “That’s right.” Tim let out his breath through his teeth. “As I said, he was a clear—”
    “Threat to the safety of others,” she said. His textbook recitation of the deadly-force policy inspired a note of disdain, almost parody.
    The lawyer perked up in his chair, evidently sighting a lead-in. “Let’s talk about the ‘safety of others.’ Did you have target acquisition?”
    Reed grimaced. “I’d say from the looks of the body, he had pretty damn good target acquisition, Pat.”
    Pat ignored him, continuing to address Tim. “Are you aware that there were civilians in the backdrop when you took that shot? A whole crowd, in fact?”
    “Yes. Those civilians were my concern. That’s why I elected to use deadly force.”
    “If you had missed, your round would almost definitely have struck one of those civilians.”
    “That’s highly debatable.”
    “But what if you had missed?”
    “Our pre-op briefing made clear the fugitives had nothing to lose, as it made clear their unwillingness to be taken alive. Mendez’s behavior, from the time he aided in taking me hostage, only reinforced this intel. He, like Heidel and Ramirez, was willing to kill any number of people to evade capture. It was a clear calculation: My chances of taking him out were vastly greater than the chances of his not killing someone once he got his weapon free and clear.”
    “You still haven’t answered my question, Deputy Rackley.” Pat slid his pen behind his ear and crossed his arms. “What if you had missed?”
    “I shot a consistent twenty out of twenty on the pistol qual course as a Ranger, and I’m a six-time qualified three-hundred shooter as a deputy marshal. I wasn’t planning on missing.”
    “Well, bravo. But a deputy marshal in the field has to be willing to consider every potentiality.”
    Reed rocked forward and thumped his elbows on the table. “Just because he agreed to submit to questioning does not give you the right to drag him over the coals. There’s a subjective element to every decision to engage with deadly force. If you’d ever toted a gun, you’d be aware of that.”
    “Excellent point, Dennis. I’ve heard packing heat greatly enhances one’s interpretation of the law.”
    Reed pointed at Pat. “Watch your step. I’m not having you harass a good deputy. Not in my presence.”
    “Moving on,” the woman said. “I understand you’ve had a recent trauma in your personal life?”
    Tim waited several seconds to answer. “Yes.”
    “Your daughter was killed?”
    “Yes.” Despite his efforts, some of his fury crept into his voice.
    “Do you think this event may