Let's Play Northwest Alabama "Clue"

The following is a murder mystery of sorts. Look at the characters and facts below and determine the best charge to convict this man on...if any. The facts presented here come mainly from law enforcement, but some more minor details come from friends and witnesses; therefore, much of this is subjective, but here on Blogspot, it's only a game. Feel free to solve the mystery and tell us why you came to the conclusion you did.

The characters:

Jose' - A 48 year-old man who immigrated here from the Philippines. He's a devout Catholic, but has a violent temper. Police have been called to protect others from Jose' many times. Jose' isn't rich, but he likes women and has had several relationships. One with a much younger woman produced two children and a very bitter ex whom he never bothered to marry.

Sami - A young woman in her 20s. After her relationship with Jose' ended, she began to date a local man her own age. She posts plenty of pics on Facebook, but doesn't describe their relationship. Sami tells her new boyfriend just how brutal and controlling Jose' can be. 

Andy - A 29 year-old man who manages an auto parts store. On paper, Andy is something of an enigma. He sports a military haircut, but has at least one body mod. Guns are Andy's passion, and he hangs out with guys from a local motorcycle dealership. He calls Sami his fiance' and dotes on her two children despite her history with Jose'. In fact, Andy feels it's his job to protect Sami and her two children; he carries a Glock .45.

The location: Many people in the small town where our trio live use the police station as a hand off point for online sales or custody transfers. It's Christmas Day, and few officers are at the station - they're all inside wishing they were home. Closed circuit television monitors the parking lot, but it's only a precaution. Nothing ever happens in the small town, much less at the police station.

The scenario: Sami and Andy arrive first at the police station; they have to wait. Finally Jose' shows up with the two children. Inside his vehicle is a woman who may be one of his current girlfriends - she's Sami's aunt. Tension is high, but Sami gets the younger child, a boy, fastened in the back seat where he can't move. Next comes the girl wearing a new coat that Jose' demands she remove before she gets in Sami's vehicle. Sami counter demands the older child keep the new coat for use at home. What starts as bickering soon escalates to shouting.

Enter Andy who naturally wants to protect his beloved. According to Andy and Sami, Jose' is 15 feet from Andy and begins to charge. Jose' doesn't appear armed, but officers later find a penknife in his pocket. Andy fires two warning shots; when Jose' doesn't stop, Andy shoots Jose' twice in the head. (Remember the four shots allegedly occurred in the short time it would take Jose' to charge 15 feet.) Before police can exit the building, a woman arrives to make a custody exchange. She says Andy and Sami are now squabbling and both children are running free on the parking lot around their father's body. 

Police arrest Andy and charge him with Felony Murder. After the district attorney looks at the video footage, he tells police to up the charge to Capital murder since either one or both of Jose's children saw their father shot. A judge agrees with the district attorney and binds Andy over to the grand jury.

Now Clue game players, you're on the grand jury. Do you indict Andy for Capital Murder? Or do you say to heck with Phillip Pettus' new law and indict Andy for Felony Murder? Or do you feel Andy was merely guilty of manslaughter, not meaning to actually shoot Jose' in the head twice? Or was he protecting himself and his new almost family and so you no bill the case?

So ready, set, let's play...