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| Georgia death row inmate in last-ditch effort to be spared | Georgia death row inmate in last-ditch effort to be spared |
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| No jury or judge has ever questioned that Andrew Brannan killed a sheriff’s deputy on the side of a Georgia road in 1998: a dashboard camera in the sheriff’s patrol car captured the brutal sequence which later moved a court to give Brannan the death sentence. | No jury or judge has ever questioned that Andrew Brannan killed a sheriff’s deputy on the side of a Georgia road in 1998: a dashboard camera in the sheriff’s patrol car captured the brutal sequence which later moved a court to give Brannan the death sentence. |
| The video does not show the traumas of a tour in Vietnam, Brannan’s lawyers argue, nor a history of mental illness. Brannan, now 66, contends that his history of post-traumatic stress disorder and bipolar disorder should spare his execution at 7pm on Tuesday. | The video does not show the traumas of a tour in Vietnam, Brannan’s lawyers argue, nor a history of mental illness. Brannan, now 66, contends that his history of post-traumatic stress disorder and bipolar disorder should spare his execution at 7pm on Tuesday. |
| The video shows the events of 12 January 1998, when deputy sheriff Kyle Dinkheller pulled over Brannan’s pickup truck after clocking its speed at 98mph. Dinkheller and Brannan step out of their cars. When Dinkheller asks the older man to keep his hands out of his pockets, Brannan stuffs them in deeper and asks “Why?” | The video shows the events of 12 January 1998, when deputy sheriff Kyle Dinkheller pulled over Brannan’s pickup truck after clocking its speed at 98mph. Dinkheller and Brannan step out of their cars. When Dinkheller asks the older man to keep his hands out of his pockets, Brannan stuffs them in deeper and asks “Why?” |
| Suddenly, Brannan waves his arms in the air and begins a jig in the road, singing “Here I am!” and “Shoot my fuckin’ ass!” When Dinkheller radios for help, Brannan becomes more aggressive. He charges at the officer, screaming curses and refusing to back away. | Suddenly, Brannan waves his arms in the air and begins a jig in the road, singing “Here I am!” and “Shoot my fuckin’ ass!” When Dinkheller radios for help, Brannan becomes more aggressive. He charges at the officer, screaming curses and refusing to back away. |
| “I am a goddamn Vietnam combat veteran,” Brannan shouts, before retreating to his car to pull out a rifle. Dinkheller, in an increasingly panicked voice, calls for backup and demands that Brannan put the gun down. | “I am a goddamn Vietnam combat veteran,” Brannan shouts, before retreating to his car to pull out a rifle. Dinkheller, in an increasingly panicked voice, calls for backup and demands that Brannan put the gun down. |
| Both men open fire, but as Dinkheller reloads, Brannan rushes forward with his rifle and shoots again. Dinkheller audibly yelps, and then for more than 30 seconds Brannan moves forward and fires from close range while Dinkheller screams in pain and cries for him to stop. | Both men open fire, but as Dinkheller reloads, Brannan rushes forward with his rifle and shoots again. Dinkheller audibly yelps, and then for more than 30 seconds Brannan moves forward and fires from close range while Dinkheller screams in pain and cries for him to stop. |
| Brannan, having shot Dinkheller nine times, gets in his car and drives away. | Brannan, having shot Dinkheller nine times, gets in his car and drives away. |
| Police found him the next day, hiding in a camouflaged tent, with a gunshot wound to his abdomen. | Police found him the next day, hiding in a camouflaged tent, with a gunshot wound to his abdomen. |
| When the case went to trial, in 2000, Brannan’s lawyers asked the jury to find him not guilty for reasons of insanity. The jury found him guilty and the court sentenced him to death. | When the case went to trial, in 2000, Brannan’s lawyers asked the jury to find him not guilty for reasons of insanity. The jury found him guilty and the court sentenced him to death. |
| Since then, Brannan’s defense teams have argued that his mental illnesses were never properly presented to the court. Most recently, they have petitioned for a 90-day stay and a sentence commuted to life in prison. As evidence, they point out that since 1986 the Department of Veterans Affairs has said Brannan has PTSD, having deemed him “100% disabled” in 1991. | Since then, Brannan’s defense teams have argued that his mental illnesses were never properly presented to the court. Most recently, they have petitioned for a 90-day stay and a sentence commuted to life in prison. As evidence, they point out that since 1986 the Department of Veterans Affairs has said Brannan has PTSD, having deemed him “100% disabled” in 1991. |
| VA doctors documented “bizarre” speech, depression, a preoccupation “with total aspects of the Vietnam conflict” and signs of rage and survival guilt. In 1994, a VA psychiatrist diagnosed bipolar disorder; at least five days before Dinkheller’s murder, Brannan had stopped taking medication. | VA doctors documented “bizarre” speech, depression, a preoccupation “with total aspects of the Vietnam conflict” and signs of rage and survival guilt. In 1994, a VA psychiatrist diagnosed bipolar disorder; at least five days before Dinkheller’s murder, Brannan had stopped taking medication. |
| During Brannan’s first trial, a court-appointed psychiatrist found him sane. | During Brannan’s first trial, a court-appointed psychiatrist found him sane. |
| Brannan’s attorneys argue that advances in PTSD research necessitate a new approach to their client’s case, as well as a commuted sentence. “Before the ultimate penalty of death is imposed on a decorated veteran who was irrevocably damaged,” they write, a jury should “hear all of the critical mitigation evidence necessary to make an informed decision.” | Brannan’s attorneys argue that advances in PTSD research necessitate a new approach to their client’s case, as well as a commuted sentence. “Before the ultimate penalty of death is imposed on a decorated veteran who was irrevocably damaged,” they write, a jury should “hear all of the critical mitigation evidence necessary to make an informed decision.” |
| “Brannan’s combat experience forever altered his personality and his life.” | “Brannan’s combat experience forever altered his personality and his life.” |
| Brannan served as a first lieutenant and artillery observer in Vietnam; court documents say he was “in the field for all but seven days” of his tour, which lasted from June 1970 into the first few months of 1971. | Brannan served as a first lieutenant and artillery observer in Vietnam; court documents say he was “in the field for all but seven days” of his tour, which lasted from June 1970 into the first few months of 1971. |
| He frequently saw friends and commanding officers shot or killed by explosives, took part in search and destroy missions and “frequently received heavy sniper fire from Viet Cong”, according to soldiers quoted in court documents. He was awarded two army commendation medals and a Bronze Star, and had no criminal history until Dinkheller’s murder. | He frequently saw friends and commanding officers shot or killed by explosives, took part in search and destroy missions and “frequently received heavy sniper fire from Viet Cong”, according to soldiers quoted in court documents. He was awarded two army commendation medals and a Bronze Star, and had no criminal history until Dinkheller’s murder. |
| Research does not largely support the oft-stated notion that PTSD and a tendency to violence are linked, since most veterans who suffer from PTSD do not commit violent crimes . But studies suggest the disorder increases the likelihood that someone will behave in an aggressive or antisocial way, and a 2014 study from the University of North Carolina has shown that veterans with both PTSD and alcohol problems are far more likely to act violently than those without substance-abuse issues. Most definitions of PTSD include symptoms of depression and suicidal thoughts. | Research does not largely support the oft-stated notion that PTSD and a tendency to violence are linked, since most veterans who suffer from PTSD do not commit violent crimes . But studies suggest the disorder increases the likelihood that someone will behave in an aggressive or antisocial way, and a 2014 study from the University of North Carolina has shown that veterans with both PTSD and alcohol problems are far more likely to act violently than those without substance-abuse issues. Most definitions of PTSD include symptoms of depression and suicidal thoughts. |
| The courts are also not clear about the place of PTSD and mental illness in the US justice system. The supreme court ruled in 2002 that states cannot execute “mentally retarded offenders”, but also that states themselves can determine that definition. In 2013, Florida executed a schizophrenic man who believed himself superhuman. In December 2014, a Texas court stayed the execution of a navy veteran also subject to a diagnosis of schizophrenia. | The courts are also not clear about the place of PTSD and mental illness in the US justice system. The supreme court ruled in 2002 that states cannot execute “mentally retarded offenders”, but also that states themselves can determine that definition. In 2013, Florida executed a schizophrenic man who believed himself superhuman. In December 2014, a Texas court stayed the execution of a navy veteran also subject to a diagnosis of schizophrenia. |
| In recent weeks, activists have organised petitions in support of both clemency and execution for Brannan. Dinkheller’s family could not immediately be reached, but his father, Kirk, recently posted on Facebook that his son’s “killer will finally be held accountable”. | In recent weeks, activists have organised petitions in support of both clemency and execution for Brannan. Dinkheller’s family could not immediately be reached, but his father, Kirk, recently posted on Facebook that his son’s “killer will finally be held accountable”. |
| “Nothing will ever bring my son back,” Kirk Dinkheller wrote, “but finally some justice for the one who took him from his children and his family.” | “Nothing will ever bring my son back,” Kirk Dinkheller wrote, “but finally some justice for the one who took him from his children and his family.” |
| Kyle Dinkheller, who was 22 at the time of his death, was survived by a wife and two children. | Kyle Dinkheller, who was 22 at the time of his death, was survived by a wife and two children. |