Vietnam vet suffering from combat stress to be executed for killing deputy, website reports

NOLA.com | The Times-Picayune ^ | 1/13/15 | Paul Purpura

[BBell]

A Vietnam war veteran whose attorneys say suffers from severe post-traumatic stress disorder is scheduled to be executed at a Georgia prison Tuesday night, Military Times reported. The state parole board on Monday declined clemency for Andrew Brannan, after the 66-year-old Army veteran's attorneys argued he was having a flashback when he killed a deputy sheriff 16 years ago.

[BBell]

This undated prison photo provided by the Georgia Department of Corrections shows convicted murderer Andrew Brannan. The Georgia death row inmate suffers from mental illness that can be traced directly to his military service in Vietnam and should be spared execution, his lawyers argued in a clemency petition filed Jan. 7, 2015. Brannan, 66, is to be executed Tuesday for the January 1998 slaying of 22-year-old Laurens County sheriff's deputy Kyle Dinkheller. The Georgia Board of Pardons and Paroles denied him clemency on Monday. (AP Photo/Georgia Department of Corrections) ORG XMIT: AX220

[BBell]

He shot the deputy 9 times with a rifle. Must have been a heck of a flashback.

[neal1960]

Captain Kangaroo?

[KSCITYBOY]

Looks like a demented Captain Kangaroo

[Figment]

Execute him. Military service and claims of ptsd are not a free pass for life

[chris37]

I’m fine with the execution proceeding.

[Gamecock]

**Looks like a demented Captain Kangaroo**

Have you ever taken a good look at the Captain?

[DesertRhino]

Bullcrap. So vets get a free pass? No way. So glad they are going to blow out his lamp. And there is no way he murdered someone in 1998 because of Vietnam. Freaking lies.

[eastforker]

Back story if anyone interested.

The Georgia Supreme Court has reinstated the death penalty for Andrew Howard Brannan, who was convicted of killing Laurens County deputy Kyle Dinkheller.

In a unanimous decision written by Justice Hugh Thompson, the high court reversed a Butts County judge’s ruling that threw out Brannan’s death sentence, although it is not clear whether that judge also vacated Brannan’s conviction.

The jury found Brannan guilty of murder, but after a later hearing the court threw out Brannan’s death sentence. Monday, the Georgia Supreme Court reinstated the death penalty for Brannan. “For the reasons set below, we reinstate Brannan’s death sentence and, to the extent that it is necessary to do so, we also reinstate his conviction,” Monday’s opinion says.

In January 1998, Dinkheller stopped Brannan on Interstate 16 after clocking him at 98 mph. A video-camera on the deputy’s car showed that Brannan got out of his truck, and Dinkheller demanded he take his hands from his pockets and approach him, but Brannan didn’t move. In the videotape shown to the jury, Brannan then began swearing, dancing in the street and yelling, “Shoot me.” He rushed the deputy, they scuffled and Brannan ran back to his truck while Dinkheller called for backup.

At one point, Brannan yelled he was a “Vietnam combat veteran.” After rummaging in his truck, despite Dinkheller’s commands to stop, Brannan pulled out a .30 M-1 carbine and opened fire, hitting Dinkheller nine times, including firing one last shot at close range. He was later found hiding in the woods and arrested.

At trial, his attorney claimed he was not guilty by reason of insanity and presented experts who testified he suffered from post traumatic stress disorder, which had triggered a flashback to Vietnam. However, the court-appointed psychiatrist concluded Brannan was sane, and the jury found him guilty of murder, rejecting his insanity defense.

In 2002, the Georgia Supreme Court upheld his conviction and death sentence. In 2003, Brannan filed a petition challenging the legality of his conviction and sentence in the county where he is imprisoned. After a hearing, the court threw out Brannan’s death sentence on the grounds that his trial counsel had been ineffective for failing to present certain mental health defenses in both the guilt-innocence and sentencing phases of his trial. The judge found that trial counsel was deficient for failing to emphasize Brannan’s history of bipolar disorder and depression, and produce evidence of the traumas Brannan had suffered in Vietnam.

But in today’s 23-page decision, the Supreme Court found that trial counsel did present expert witnesses and evidence of Brannan’s mental illness.

[DesertRhino]

A flashback is a whiff of diesel or Jet fuel. Or a song that makes you think “oh yeah”. A flashback is jumping out of your skin when you didn’t know that giant firework was about to be fired off.

It isn’t literally thinking you are back in a war. That’s a cop out perpetrated by the movies.

[lapsus calami]

 

 

 

Full unedited video of the incident

 

https://www.youtube.com/watch?v=L6z8q4lOrDU

 

 

[Red Badger]

Robert James “Bob” Keeshan (June 27, 1927 – January 23, 2004) (The Captain) and Hugh Brannum (January 5, 1910 – April 19, 1987) (Mr. Green Jeans) were both Marines......................

[2ndDivisionVet]

And the problem is?

[2ndDivisionVet]

So was Bea Arthur.

[BBell]

Maybe he had a flashback about being pulled over by the V.C. police.sarc

[onedoug]

I suppose he thinks it’ll be the NVA strapping him in.

Oh, well.

[ansel12]

This was a situation where the deputy should have followed him to the truck and shot him when he reached for the gun.

[DoughtyOne]

Perhaps this guy at some point asked for it, but it seems some of these folks claim they are not sick enough to be institutionalized. Then when they do something wrong they want us to think they were completely out of control and shouldn’t be responsible.

So which is it? Too sane to be institutionalized, or too insane to be responsible.

I’m thinking this guy knew right from wrong, as it relates to killing a Law Enforcement Officer.

Driving 98 MPH does give the officer grounds to challenge the driver. This does not warrant the death penalty for the officer.

I believe justice is being served here.

[Red Badger]

Amazing isn’t it?..................

[House Atreides]

I think he’s taking the fall for Buffalo Bob Smith who actually committed the murder.