Chapter 4

Things sure change in a hurry. One day everything is going along fine and the net day "Boom!" everything changes.

It was on a Saturday and Kathy was working at Bob Evans. I went and sat in her section. It wasn't as crowded as usual so we had a chance to talk a little. My feelings for her were strong but not much I could do about it.

As I was ordering my breakfast I saw her look up at another customer. My back was to them and I had no idea who it was. Then I heard a voice; "Fuck, Kathy, I didn't know they served cuckolds in here. If you need a man, just let me know and I'll fix you up with a real one. No need to whore around with this asshole."

I knew the voice, it was Rob. Kathy looked scared but didn't say anything. Everything happened in a flash. I jumped up from my booth, turned around and cold cocked Rob with a right cross. I hit him and he hit the floor.

It was then I noticed that Mary Ann was with him. She had already sat down with her big belly. She was due just about any time I thought. She screamed as I jumped on Rob and hit him again. I was sure his jaw was broken and I could see the bloody nose.

Mary Ann was screaming and Kathy asked me to please stop. I did as Kathy asked and stood up. I was grabbed by two police officers who were in the restaurant eating breakfast. They called in for an ambulance for Rob and took me out in cuffs.

I looked back and both Mary Ann and Kathy were crying. I had to wonder who was crying for whom? I was taken off to jail. I called my lawyer and he said that I was going to be arraigned on Monday on the charges of assault. I would be spending Saturday and Sunday in lock-up.

It wasn't worth posting bail until after the arraignment if the charges stuck. I had plenty of time to think. I had a somewhat fucked up childhood and then ended up marrying a whore but was in love with her sister. When you're in jail, you do a lot of thinking about what could have been.

I figured Kathy wouldn't be talking to me anymore if I was lucky enough not to serve much time. Maybe somehow, someway I could start over, but I would prefer to do it with Kathy. I couldn't get her out of my mind and I've never even kissed her like you would a girlfriend.

I was arraigned first thing Monday morning. I did call in to work to let them know I wouldn't be there on Monday and why. I was to call my boss after the arraignment so he would know when I might be coming back. I figured if I had to do some real time, like months, I'd lose my job.

It was a small courtroom with a judge and a witness stand. On one side was Rob with his face bruised and his mouth wired up. Sitting next to him was Mary Ann staring darts at me. Behind them was Mr. and Mrs. Jennings, Mary Ann and Kathy's parents. More darts were coming my way.

On my side was me and my lawyer. I wondered why Kathy wasn't there? She was a prime witness to what really happened. Other people who were there was the two patrolmen who arrested me. We hadn't said two words the whole time I was in the cruiser except they talked about me ruining their breakfast.

There were a few other courtroom people but I really didn't know their positions. I'd never been in court before but the one time for my divorce dissolution hearing. The judge began by saying this was an arraignment whether I would be charged with assault and have a criminal trial. The atmosphere was a little lighter but that he still ran a strict courtroom.

He spoke to my lawyer. "Mr. Williams, you said that you have a witness that could explain this whole mess your client finds himself in. Since Mr. Rob Avery isn't able to speak I would like to hear from this witness."

Kathy came walking into the courtroom. Everyone seemed a bit shocked that she was there. She didn't look at me or her parents but went right to the witness chair.

The clerk or some lady who was wearing a uniform swore her in.

"Miss Jennings, would you tell us exactly what you observed on the morning in question?" asked the judge.

"Well Sir, I'm a waitress at the restaurant. Jim, that's Mr. Holder there, comes in regularly and usually sits in my section as he did that morning. As we were talking I saw Rob Avery and my sister Mary Ann come in and they started toward my section."

"So the woman next to Mr. Avery is your sister, I presume?" said the judge.

"Yes, and Mr. Avery is her fiancé. They're to be married in a couple of months." I could see Kathy was really nervous. I felt so sorry for her, I wanted to hold her.

"Go on Miss Jennings, what did you observe?"

"Jim's back was to Mr. Avery. He never saw who it was till he turned around. I'm sure he knew his voice when he heard him."

"What did you hear Mr. Avery say to the defendant?"

"He actually said it more to me than he did to Jim. I think that was what got Jim so mad. Jim has been called names by Rob a lot of times but this time he called me names as well as Jim and Jim retaliated by hitting him."

"He did more than just hit him; he broke his jaw. What did he say?" asked the Judge.

"He called Jim a cuckold and told me that if I wanted to whore around he would find me a real man, not one that lets other men ... fuck his wife."

I looked over at the Jennings's and they didn't seem very happy. Mary Ann just looked down.

Kathy continued, "Jim jumped up, turned around and socked Rob. He went down and Jim called him an asshole and hit him again. I yelled for Jim to stop and he did. That's when the officers came over and arrested Jim and called the paramedics to help Rob ... Mr. Avery there."

The judge thought for a moment and asked Kathy what brought all this on. "Why did Mr. Avery call Mr. Holder a cuckold? This seems to be the basis of the case. Do you any idea why, Miss Jennings?"

"Yes Sir, Jim told me. It all started at my cousin's wedding nearly nine months ago. Jim said that he saw my sister, Mary Ann having ... having sex with three men. He said it was consensual." Mary Ann stood up and said it wasn't true.

"Mrs. Holder, what part isn't true? Did you or did you not have sex that night with someone other than your husband?" Mary Ann just started crying and sat down. The Judge didn't wait for an answer.

The Judge asked Rob to stand up. "Mr. Avery, I know it's hard for you to talk but all you have to do is nod your head. Remember you are in a court of law, you're under oath, and if you perjure yourself you could be arrested. On the night in question did you have sexual relations with Mrs. Holder?"

Rob nodded, "yes". The judge said the record should reflect Mr. Avery's affirmative response.

"Did anyone else also have relations that same night with Mrs. Holder?"

Rob looked over at Mary Ann and then back at the judge and again Rob nodded "yes'. And the judge said the same thing about the record.

Mr. and Mrs. Jennings went to get up to leave the courtroom but the judge told them to stay seated till the hearing was over.

"Thank you Miss Jennings, you've been most helpful. You may be seated." She wasn't sure where to sit so she sat with her parents. They didn't look very happy with her testimony.

He did ask the officers if there was anything they could add and they said they just did what Miss Jennings stated. They called the ambulance for Mr. Avery and helped the pregnant Mrs. Jennings to her vehicle.

They did say that I didn't speak the whole time I was in the cruiser. The Judge then asked Mary Ann if she had anything she wanted to say. After all it was a hearing whether to drop the charge against me or charge me with assault.

Mary Ann said that she had nothing to add. She did say she was sorry for what happened but didn't elaborate.

The Judge spoke. He asked Rob to stand. "Mr. Avery, it seems that this incident was caused by you badgering the defendant who retaliated in kind. I'm not saying that he is not responsible for your medical bills. As I understand it, you have insurance and it paid all but two hundred dollars of your expenses. Is that correct?"

Rob nodded, "yes".

"Mr. Holder, please stand," said the judge. "I understand your retaliation but you can't go around hitting people because you don't like what they say about you or your girlfriend."

I thought even the judge knew I cared for Kathy.

"You are responsible for Mr. Avery's unpaid medical bills in the amount of two hundred dollars. You must pay it within one week. I'm putting you on six months probation for fighting in a public place. If you come to my courtroom again and are caught fighting, or otherwise disturbing the peace, you will serve the balance of the six months, plus any other sentence for anything else you do. Is that understood?"

"Yes, Judge, thank you. I'll do my best to stay out of trouble."

Rob and Mary Ann left the courtroom madder than when they came in. Kathy told her parents that she was brought up by them to always tell the truth and that is what she did. She never told them about Mary Ann because she asked her not to. Besides there was no proof except for me and they would never believe me over Mary Ann. They turned around and looked at me. Kathy smiled but the Jennings's looked furious, and walked out of the courtroom.

My lawyer and I walked out and he told me to keep my nose clean. He also said I owed Kathy big time. I knew there was no doubt there.

I called my boss and told him I would be at work on Tuesday. He seemed happy that he didn't have to fire me. I worked the rest of the week. I couldn't get my mind off thinking about Kathy. I didn't have her cell phone number and I wouldn't dare call the Jennings' house.

I wasn't allowed back in the restaurant due to the fight. So I didn't get to see her. I did pull into the restaurant and saw her through the windows. She looked out at me but then went back to work.

On Saturday I went to the bar by myself. I saw Ben there with some guy I didn't know. Ben knew what happened to Rob but didn't say anything. I tossed down the disc and told him it was a movie for him to watch. I suggested he not watch it with anyone else around, including his mother.

He gave me a weird look and took the disk.

The following weekend I was back in the bar with a couple of friends. Ben was there with a couple of buddies also. He asked to speak to me privately. He didn't seem very happy; I also had to remember I couldn't afford to get in any fights.

Ben and I stepped outside. "You fucked my mother, you asshole. What the fuck is the matter with you?"

"Listen Ben, it was your idea. You said, 'I'm not married! I got no girlfriend, no sister, what the fuck are you going to do? Fuck my old lady?' Then you laughed at me. I did go see your Mom and she's a nice but lonely person. We spent some time together as you saw.

"There are two copies of that disk. You have the one and I have the other. Mine will say buried and probably never be seen again unless you pull some more shit on me. Remember this all started because you fucked my wife before she was my ex.

"So do we call it a truce or do we get into it till one of us is in the hospital? Or in jail?" I asked.

"You promise never to be with my mom again? I can't take that," replied Ben.

"Ben, she called me Honey. She doesn't even know my name. It was a one time thing for the both of us. So do we have a truce? No more name calling."

"Ok," said Ben. "The first beer's on me." We went inside and we all had a few beers together.

Back on Mary Ann's home front, she had Rob living with her. He would be off for at least two months. He figured he would live with her since Ben's mother kind of wanted him out. Mary Ann had her hands full. Rob wasn't the best homebody and really wasn't much help.

The following week I had just got home from work when my phone rang. I couldn't believe it when I heard Kathy's voice on the other end. "Jim, I have a few things to tell you. Do you have a few minutes?"

"For you I have all night. I didn't know if you would ever talk to me again. I'm sorry you had to testify at my hearing. I know it was hard for you. If it wasn't for you I'd probably be in jail right now."

"Jim, I volunteered to testify in your behalf. All I did was tell the truth. My parents were mad at first but they realized I did the right thing after all."