Jay was left with a bitter taste by his failure in proposing Sophie. He tried to pep himself up after the botched proposal and managed somehow to stifle his hurting during the weekend in Monte Carlo, aided by the glitzy atmosphere and the immediate necessity of concentrating at the gambling. But now, on his lonely part of beach, all those bad feelings came back with a vengeance. He was pacing up and down the beach, oblivious to the spectacular nature all around him, transposed into a state of reverie, but with a dark touch.
He knew there was no point in sulking, but the stench of failure in proposing to Sophie still lingered. He knew he was too harsh on himself, but couldn’t help it. He had such high expectations; life had been so easy for him thus far.
Jay was thinking he will again have to mount surveillance against Tanaka and go back to that tedious work. He didn’t relish this prospect at all. In fact, he was more and more inclined to calling it a day and giving up the pinching of the bracelet altogether. He was snatched out of this depressive mood by a call from Richard, who invited him over for coffee. Jay welcomed any occasion for going out and which didn’t involve Sophie. He needed a little time away from her to heal his wounds.
Sophie wasn’t feeling much better than Jay. She was emotionally drained from the events of the previous day and physically exhausted from the powerful walk up the mountain. She only felt equal to burying herself in overdue domestic chores. Accordingly, she cleared her agenda – benefiting from the unbelievable luck of not having to appear in court – and started dusting the carpets and the furniture and sweeping the floors of her apartment.
The personal tragedy of these two young people might seem exaggerated to some more hardened and inured readers, but that’s just what their generation was, same as all present generations, more prone to emotions and used to have a pampered existence. They certainly were not weaklings, but healthy and educated young persons. Anyway, such were the times that even a deferred acceptance of a marriage proposition could very well lead to a failed first serious relation and to its termination.
Sophie was in the middle of rearranging the books in the bookcase when her mobile rang. It was Henri. They talked briskly for a couple of minutes and she hanged up with a content expression on her face. It was on, at last. She immediately phoned Jay. He excuses himself to Richard and took the call. After speaking elated for about one minute, he end the call and turned to Richard:
“It’s on!”
“What do you mean?”, queried the Frenchman. “Have you learned something important?”
“Indeed I have. At last we have the proper occasion.” And Jay began telling Richard that Tanaka was having a birthday party in a couple of days and he has ordered catered food from Chez Vincent. Using the delivery mechanism as his personal Trojan horse, Jay was positive he would be able to infiltrate the party by impersonating the waiter who delivered and served the food. Richard was ecstatic and kept congratulating and encouraging Jay. He never admitted to anyone but he slept badly ever since parting with the family heirloom and was in a tense mood throughout the whole period.
Jay was determined to make good on this opportunity. His botched attempt at asking Sophie in marriage, his impulsive urge to take a pause after his nearly breakdown like experience, made him all the more needing an exploit to boost his morale.
“I’ve got to go and find out more,” Jay excused himself. “And do some thinking and planning. You’ll hear from me soon. Stand by for some action.”
“I look forward to the unfolding action,” Richard assured him. “I hope I can be of assistance.”
“I’ll be in touch,” said Jay as he hastened away.
The information about Tanaka’s party galvanized Jay into action. He presented himself to Henri who promised to weasel him in under the guise of the waiter. Of course Jay would have to play the part and actually wait at the birthday party, but that wouldn’t be a problem given his prior work experience of this sort. Jay still had reminiscences form his time in Florida where he did just that, helped at catered events and parties. Moreover, the food was not to be served individually, but buffet-style. He will only have to supervise the installation of the buffets and assist guests filling up their plats and glasses. Numerically, there were not going to be more than 50 persons, at most. So he will sneak in and will have the long-awaited opportunity, his chance to repossess the jewel.
Hastily, Jay headed toward Sophie’s place. The Saint Victory Mountain setback was now way behind him. He primarily wanted to find out what he was risking by performing his trick with the bracelet from the point of view of the law and Sophie was the most qualified person to answer his legal questions.
Sophie was at home and had just wrapped up her domestic activities and was delighted to host Jay. They embraced exuberantly and settled down to have tea and biscuits.
“I need you to clarify for me the French points of law regarding theft and what am I going to risk if I infiltrate Tanaka’s party and extract the bracelet from under their noses”, Jay asked Sophie.
“According to the French criminal law,” said Sophie, “theft is the act of taking someone’s property without authorization. Le vol est la soustraction frauduleuse de la chose d'autrui. There are different forms of theft, including simple theft and aggravated theft with at least one aggravating circumstance. Penalties vary based on the severity of the theft, and additional penalties may be added. Victims can file complaints to initiate prosecution against the perpetrator.”
“Clear enough so far,” admitted Jay.
She picked a book from the shelf and opened it. It was Droit Pénal, i. e. Criminal Law. Sophie continued: „Aggravated theft is more serious than simple theft. It's a theft committed with at least one aggravating circumstance. The sentence for aggravated theft varies and can range from 5 years in prison to life imprisonment, along with fines of up to 150,000 Euros. Some examples of aggravating factors include the high value (including sentimental value) of the stolen property to the victim, which could apply in this case.
Aggravating circumstances also exist if the theft was committed by several persons, perpetrators or accomplices, myself and Richard included... It could even go as far as us being prosecuted as an organized band, that is an agreement between persons to prepare an offense. And, taking into consideration its provenance, another aggravating circumstance may apply, the theft of a classified or archeological object.”
“Things don’t look that good if we get caught...”, muttered Jay pensively.
“But on the bright side, for impersonating a waiter you don’t risk anything,” Sophie said jokingly.
“At least there is something I can get away with,” observed Jay, “but there is no much solace in that. We’re talking heavy penalties here, but maybe the French prisons are a walk in the park?”
“Far from it. Perhaps they are not as bad as your penitentiary system in the US, but bad enough.”
“I guess our only way is to get away scot-free and make a clean escape,” mused Jay dreamingly. “I wonder if I really could do it.”
“Do all your soul searching you need right now. After you make your decision, you must stick with it, no matter what. And, please, don’t mention my name in case things don’t go as planned. I could go down as an accessory…”, Sophie said apprehensively.
“If I get caught, rest assured I won’t mention any names. But maybe I find a way to concoct a full-proof plan and make my catching in the act impossible. I guess there are ways to perform the extraction and bolt from the scene unnoticed but I’m yet to figure out such a course of action. If I decide to go through with it.”
“I hope you take a long and serious deliberation on what’s next.”
“Let’s sleep on it. Literally,” proposed Jay.
“I like how you think”, agreed Sophie.
They ate some light dinner in a hurry and went straight to bed. It was the first time they made love after the botched marriage proposal on the mountain and they were both glad they got over it at last.
Jay thought a lot on whether he should try to recover the bracelet from the Japanese and his girlfriend. A lot was at stake, especially if he would fail and get caught. His feeling was that Sophie intentionally tried to talk him down by explaining the full force of the law he was facing. Jay had no priors and no criminal record and knew the law was more lenient in the case of first offenders. At the same time, he had the truth on his side. Yes, the theft would be a punishable offence, but he was convinced any judge would have been sympathetic with Richard’s cause, and consequently, with Jay’s action. It was understandable Sophie didn’t liked him to take such risks, but Jay had come to see the jewel story as a spice in their relationship and an element that brought them together.
First thing in the morning he announced Sophie abruptly: “I’m gonna do it.”