JACKSON, Georgia – In the first execution carried out in the US in 2015, last night Georgia put to death a decorated Vietnam War veteran who had been diagnosed with severe mental illness before he killed a deputy sheriff after a traffic stop in 1998.
On Tuesday, at the Georgia Diagnostic and Classification Prison, 66-year-old Andrew Brannan received visits from five family members, one friend and a pastor. He told reporters that he had been “in a status of slow torture” in the decade and a half since the crime, and said he was not sad to be leaving the prison.
Outside the facility, guards cordoned off one area of the wet, cold grass for anti-death penalty activists. A different section was designated for members of law enforcement who came to honor the memory of slain Deputy Sheriff Kyle Dinkheller. But the feelings on the execution between the two groups were not so clearly separated. Some in law enforcement seemed genuinely concerned about Brannan’s history as a veteran.
“There were a lot of troubling things that happened back then,” said Tom McCain, a close colleague of Dinkheller’s. “Not only did [soldiers] have to deal with the horrors of war but they came back to a country that didn’t appreciate them.” McCain added that he had “no problem” with Brannan’s execution, but he also questioned the death penalty in general. He praised Dinkheller as an officer deeply concerned about ethics in law enforcement. “I miss the hell out of him.”
That Brannan killed deputy Dinkheller 17 years ago is not disputed. A camera in the deputy’s police vehicle caught the confrontation between the two men after Dinkheller pulled Brannan over for going 98 miles an hour in his white pickup truck. The two pulled off Interstate 16 and onto a rural, tree-lined stretch of road.
In the video, the two men get out of their vehicles and initially exchange pleasantries. Dinkheller instructs Brannan to take his hands out of his pockets.
“Fuck you, goddamnit! Here I am, shoot my fucking ass!” Brannan yells, dancing and flailing his arms in the street. “Here I am, shoot me!” he sings as he dances. Brannan rushes toward Dinkheller, and the officer orders him to step back. “I am a goddamn Vietnam veteran!” says Brannan.
The veteran then returns to his car and rummages inside of it. Dinkheller yells, “I am in fear for my life!”
Brannan emerges with a .30 caliber M1 carbine. In the ensuing shootout, Deputy Dinkheller was hit at least nine times. He left behind a young child and an expectant wife.
Brannan was found hiding in the woods the next morning, with a gunshot wound to his abdomen.
In 2000, a jury in Laurens County, a quiet region in southeast Georgia known for historical architecture and deer hunting, found Brannan guilty of malice murder and recommended the death penalty. The video was a key piece of evidence. Since then, it has been been widely shown in police academies to train cops on how routine traffic stops can spiral out of control.
But lawyers for Brannan have argued that the jury did not understand well the journey that led him to that January confrontation. It was one marked by survivor’s guilt, personal loss, isolation and increasingly severe diagnoses for mental illness following a short but intense time serving in the Vietnam War. Though several medical professionals testified at trial, Brannan’s VA psychiatrist did not. Atlanta defense attorney Joe Loveland, who did not represent Brannan at trial, said he believes the psychiatrist’s testimony, and the fact that Brannan had not taken his prescribed medications in the period leading up to the murder, should have been presented to the jury.
Loveland said that when Brannan was sentenced, he did not benefit from the compassion and understanding that Americans increasingly have about PTSD after two foreign wars in the post-9/11 period. “We as a country know so much more about PTSD and the effects of war after 14 years,” he said, referring to the length of the war in Afghanistan – America’s longest.
Brannan volunteered for the army in 1968 and was trained as a parachutist. He served in Vietnam from 1970 to 71, and saw extensive combat. Twice he took charge of his unit after his commanding officers were killed. He would later recount to his psychiatrist several situations of how he narrowly escaped death during the war.
Brannan was honorably discharged in 1971. He received the Bronze Star and two Army Commendation medals for his service.
But as he returned to civilian life, deep psychological and personal problems emerged in Brannan’s life. His lawyer said he could not hold down a job and his marriage fell apart. One of Brannan’s brothers was killed in active duty and another committed suicide. In 1984, he was granted partial disability for service-connected Post Traumatic Stress Disorder (PTSD). By 1991, the Department of Veterans Affairs determined Brannan to be 100 percent disabled due to PTSD, a severe diagnosis that means one’s symptoms show “total occupation and social impairment.”
In 1996, his VA psychiatrist would further diagnosis him as bipolar. Brannan was hospitalized at least twice for mental illness.
By the time he was pulled over by Deputy Dinkheller, Brannan was living in a structure he had built in the woods near Dublin, Georgia. It had no running water or electricity. A doctor who examined Brannan would later write that the veteran “was living a marginal, fearful life, living in a primitive homemade shack reminiscent of a bunker in Vietnam.”
An officer in Laurens County who helped search for Brannan after the shooting described it as having a “watch tower” and tunnels dug beneath it.
Numerous veterans spoke out in an attempt to stay his execution.
“What does putting a man like Andrew Brannan to death say to my generation of veterans? To me, it says that this country can exploit our youth to its gain and then, when it comes time, this country, and the State of Georgia, will discard you like yesterday’s forgotten garbage,” Sion New, a veteran of the Iraq and the Afghanistan wars and law student at Emory University, wrote to the state’s Board of Pardons and Paroles. In Georgia, the decision to grant clemency is not made by the governor but by the Board, whose members are appointed by the governor.
Brannan’s execution is not the first of its kind. Manuel Babbitt became a rallying point for many activists before he was executed in 1999 in California. During the Vietnam war he suffered a head injury and once woke up amongst dead bodies being carried on a truck after falling unconscious. His severe beating of an elderly woman led to her death. Before his execution, he was awarded the Purple Heart in prison.
Four other Vietnam veterans – Leonel Herrera, Wayne Robert Felde, Herbert Lee Richardson, and Larry Joe Johnson – were all executed in the 1980s and 90s.
There are many more examples of prisoners with documented mental illness on death row — and several who have been executed. The Death Penalty Information Center lists six in the past five years alone. Last month, the execution of Scott Panetti, a severe paranoid schizophrenic, was halted at the last minute in Texas.
Veterans, however, have been able to avoid death sentences in more recent years with successful defenses emphasizing their PTSD diagnoses. In 2011, Iraq War veteran Joshua Stepp was found guilty of sexually assaulting and killing of his 10-month-old stepdaughter in North Carolina. Stepp, however, was spared a death sentence after his lawyers presented a strong defense based around his PTSD diagnosis.
A Korean War veteran faced the death penalty for killing his ex-girlfriend and her new boyfriend in 1986. The US Supreme Court threw out the veteran’s death sentence in 2009, saying that the “intense stress and mental and emotional toll” of combat experience needed to be considered by a jury. “Our nation has a long tradition of according leniency to veterans in recognition of their service, especially for those who fought on the front lines,” the court wrote.
According to 11Alive News of Atlanta, Brannan’s lawyer called him hours before his execution and told him that his case had raised public awareness about the impact of PTSD on veterans. Brannan responded, “I am proud to have been able to walk point for my comrades, and pray that the same thing does not happen to any of them.”
Brannan became the 55th prisoner executed in Georgia since 1976, when capital punishment was reinstated in the US. In his final words, he expressed condolences to the Dinkheller family and asked for a prayer.
Taylor Barnes is a freelance journalist who works in Rio de Janeiro and Atlanta. Her work has appeared in The New York Times, The Christian Science Monitor and The Islamic Monthly.
Photo: House: Counsel of Andrew Brannan; Mugshot: Georgia Department of Corrections
I think watching this video from the dash cam of the police officers car and hearing the death rattles of his last breaths will help put this situation in context.
http://www.liveleak.com/view?i=e91_1324341647#comment_page=2
There are very few cases that I feel warrant the death penalty… this one meets all the criteria in my view.
There are worse things in life than death……
it was a terrible crime and so unnecessary. Having a mental health issue, including PTSD doesn’t mean you shouldn’t be held accountable for what you do but there’s no doubt though that this was a very disturbed individual and that his crime followed on from that
It does change things a lot. The guy had serious mental health issues by the sounds of it which were obviously in play at the time, but that doesn’t mean he shouldn’t be held responsible for his actions. We think of american police as trigger happy. This poor guy died because he wasn’t
he guy had serious mental health issues by the sounds of it which were obviously in play at the time, but that doesn’t mean he shouldn’t be held responsible for his actions. We think of american police as trigger happy. This policeman died because he wasn’t
One thing this article leaves out is critical – if you watch the video, the man didn’t just have a shootout with the cop, he had a shootout, won it, and then walked up to the cop and executed him while he begged for his life. As for PTSD, it doesn’t change the fact that this man murdered another man, and justice calls for retribution. You take a fellow citizen’s life by choice, you relinquish your own in the transaction. The world is better off without him.
Hard to feel sympathy for the States paid killers.
Seems rather fitting really.
“Seems rather fitting really.”…..
Sadly shaking head…….
“An eye of an eye just leaves the whole world blind”…………..Gandhi
Since PTSD can in some cases be genetic hereditary, and since U.S. war-faring and Neoconservative American big weapon-narcissism have assuredly helped significantly increase the numbers of young and adults,- not just of soldiers who served in war zones – with Ptsd to the similar same levels of ptsd suffering people in bombed areas of Iraq or Gaza, the bigger questions is:
1. How many people involved as shooters in shooting incidences in the U.S. actually had an active military family history in war zones?
2. How many people both shooter as well as victim were suffering of NRA-ALEC & GOP’s firearms-craziness induced PTSD at the time of the shooting?
3. How many U.S. Police officers who shot and killed other served previously in the military? And how many who are Police officers now killed in active war-zones?
4. How many of our leaders are actually maybe themselves suffering from past wars- or traumatic child-hood violent experiences from ptsd are are thus much easier to condone and resort to military guns-and bomb violence as the ideological solution to everything? Beside making some of them very rich certainly?
Interesting scientific and social study on ( hereditary ) ptsd and the gun-/war-violent results on whole military societies should be conducted.
Best,
AE.
75% of Americans are Cowards and they allowed this GOV to hold the FAKE Vietnam War.
Only 10% of Americans protested Vietnam (only 1% of women) when Everyone should have protested it.
I am a Vietnam Vet who was sent there and YOU people allowed the GENOCIDE of over 2,000,000 Vietnamese.
Presidents LBJ & Nixon along with the Senators and the Congressmen of that time should be Tried for War Crimes.
The word ‘COWARD’ should be Engraved on their Tombstones.
–
Vietnam Naval Vet YRBM-16 & Saigon NFH
Reparations for Vietnam Vets minimum $1,000,000
Because Vietnam was the 3rd Biggest Wrong in American History after
1) The Genocide of over 10,000,000 Native American Indians
2) SLAVERY
What is Wrong with You People for allowing this stuff to happen ?
The Military Draft from 1946-1974 was SLAVERY Re-Visited.
There has been No Need for Soliders since we invented the NUKE.
You just need the guts to use one.
A Bad Person (see WWII Germany) one day will rise to Power in American
because most Americans are PANSIES and will NEVER challenge their GOV.
And the GOV also POSIONED us with Agent Orange in Vietnam.
As far as I’m concerned my Fellow Americans are A-Holes.
I as a Person of Courage Protect Each and Every One of my fellow Americans from Every harm.
I believe that we need to use Torture as Torture would Eliminate 90% of All Crime.
I also believe that Prostitution should be Legalized as it would END Un-Employment in America.
There is absolutely Nothing Wrong With Paying for Sex.
A VERY SAD American Population (LOSERS) sent Andrew Brannan and over 2,100,000 of us
to the FAKE war in Vietnam so that we’d Genocide those Vietnamese.
Andrew is now in Heaven while Presidents LBJ and Nixon are in HELL.
–
Righteous Robert
Baltimore Bob
i take exception to PTSD being routinely explained away as ‘survivor’s guilt’. people who survive traumatic experiences usually have a profound appreciation of life. PTSD is most frequently the result of participation in acts that go against one’s own conscious. until this is acknowledged, we can’t have honest conversations about anything relating to imperial warmaking.
This execution is an atrocity. This man’s name should be added to “the wall”. After all, Vietnam took his life in the end anyway. Suffice to say, had he never gone, both his life and that of the officer he killed may have ended very differently. This man wasn’t evil, he was damaged while trying to serve his country to the best of his ability. The bronze star he was awarded says something about who he once was. Instead of receiving support and help when he needed it the most, our country turned a deaf ear and a once hero got lethal injection instead. God help us all.
Reminds of how In 1992, Bill Clinton put to death a mentally impaired black man, so he could get elected with a ‘tough on crime’ theme. Ricky Rector did not even realise he was being put to death … he told executioners he was saving his pecan pie dessert of his last meal, for ‘after my lethal injection’. 1994 BBC documentary on this, ravaging Clinton, ‘The Killer and the Candidate’, is hard to find now.
USA had zero executions for 10 years, 1967-77, blocked by the judges of that era, till Jimmy Carter helped push through firing squad shooting of Gary Gilmore. … EU does fine with no death penalty, has less crime than USA, & only 1 out of 1000 in prison instead of US 1 out of 140 … Why can’t the USA go back to the 67-77 moratorium?
2000 years ago, Buddhist regions of northern India began to abolish the death penalty. About 1200 years ago, Buddhist Japan abolished it as well, and a Daoist ruler of China attempted same. Buddhists were followed by ancient Jewish rabbis who also in practice outlawed it, saying that any judge who gave a death sentence, even once in a half-century, could be a ‘murderous judge’. Today, Islamic scholar Tariq Ramadan, interprets the Qur’an such that he asks all Muslim nations to immediately stop all executions, amputations, and floggings, as un-Islamic because ‘conditions to apply these penalties do not exist’.
Another issue is the tortured methods used to judicially kill. Lethal injection has become long hour-plus torture in some cases. Hanging is in fact always slow strangulation, even if broken neck induces coma (often doesn’t happen). Only reliable, humane methods, are actually bullet or beheading, more merciful to the victim but messier for participants.
Does anyone remember that the war in Vietnam was a set up by our government most notably the CIA? Does anyone remember that? Does anyone know what the CIA has been doing recently? Does anyone see this mans execution is an example of the death to our constitutional system?
This fucking government is the fucking enemy!
Quote: “This fucking government is the fucking enemy!”
–
Phil gets it but most Americans are CLUELESS COWARDS.
Reparations for Vietnam Vets
Righteous Robert
Baltimore Bob
Why was Brannan’s death sentence not brought before SCOTUS?
Anyone with an opinion about this should do themselves a favor and watch the video first;
https://www.youtube.com/watch?v=k8-ycSkoYfc
Read the description, too;
“Deputy Kyle Dinkheller, Laurens County, GA, was minutes from being off duty when he encountered a speeding pickup truck going 98 mph. The deputy was an ICE (Interstate Criminal Enforcement) officer that dealt with traffic infractions, speeding and the occasional drug bust. This was a low risk or unknown risk stop for speeding. He radioed in the speeding infraction, made a U-turn in the median and pursued the vehicle. The driver, Andrew Brannan, stopped his vehicle, exited and started a crazy, dancing jig in the middle of the road while swearing at the officer and shouting Im a god-damned Vietnam vet. At first, he ignored Dinkhellers commands to step towards the deputy, which always began with `Sir. When he finally complied, he attacked the deputy and a scuffle ensued. The deputy implemented the use of his asp and ordered Brannan to `get back. This procedure was repeated, but after what appeared to be a second scuffle, the suspect returned to his vehicle and retrieved a M-I Carbine from under the seat. The first shots were fired nearly 50 seconds after Brannan returned to his vehicle despite the deputys commands. Brannan ignored the repeated commands to put the gun down and Deputy Dinkheller apparently fired the first shot. Brannan, a Vietnam veteran, advanced firing on the deputy. Dinkheller returned fire, but succeeded only in breaking a window in the drivers side of the pickup and wounding Brannan in the stomach.
Using `suppressive fire, Brannan systematically, methodically shot Dinkheller in the arms, legs, exposed areas that would not be covered had Dinkheller been wearing a bulletproof vest, slowly executing him. Reloading his weapon Brannan continued firing with the final death shot to Dinkhellers right eye.”
The day this becomes a non-crime due to the perp being at one time or actively ‘military’, is the day we sanction murder! Fry like the rest of the murderers jarhead!
I can see war-related PTSD pushing people to be more violent in situations of stress (like being pulled over by the cops). However, I totally fail to see how it could explain raping a 10 month old baby.
That doesn’t necessarily mean I think the guy should have been executed, I’m just perplexed as to why PTSD was considered as a defense in this case.
I oppose the death penalty in all cases, but this article sickens me. There’s a whole lot of sympathy in here for the killer, but not even a passing nod towards the victim or his family.
This is a quietly devastating story. Nothing good comes out of it, except, perhaps, a lesson about violence and counter violence. Thank you for drawing this sad tale to our attention.
The death penalty is wrong
Brennan got what he deserved, regardless of whether he had PTSD. Watch the video. He knew full well what he was going, and he enjoyed shooting the cop, and the cop did not provoke it and did not deserve it. A jury, NOT the state, convicted and condemned him. It is good to question authority but capital punishment is not always wrong. This sob sister mentality is just leftist per se and detracts from the credibility of an otherwise credible publication.
For the death penalty to be reasonable, all we need is a fair, impartial, perfectly sane way to decide when to take one of our fellow citizens out and murder him in cold blood in order to “send the right message” that murder is wrong.
Haha good one. I mean it. Logic doesn’t work for the insane and to be perfectly clear I’m implying that the law is insane
The real sad part is that the Gulf of Tonkin Incident to start the war was a complete fraud and those responsible were not prosecuted for their War Crimes.
This will be completely overlooked by wingnuts while they continue to trot out the trope of “hippies spitting on returning Vietnam vets.”
I’m sure Brannan would have preferred a spitting to what actually happened to him.
Kyle Dinkheller was my co-worker, student and most importantly, my friend. He and his family “broke bread” at my table.
I’m not a big proponent of the death penalty. I’d have preferred Brannan to remain in his self-described “state of torture”. Kyle was tortured from the moment Brannan pulled that .30 cal from behind the seat until he put that final round in Kyle’s skull as he lay on the ground pleading for his life. I have no sympathy for this man and hope his execution has provided some small solace to the Dinkheller family. Nothing will replace Kyle in their lives. I’m ok with Brannan’s death.
PTSD? My dad fought in the Ardenne Forest. He witnessed his friends and brother-at-arms being shredded by splinters from airburst artillery set to go off in the trees. He was hospitalized with “Shell Shock”, now known as PTSD. He “got over it” and returned to become a productive member of society. He raised a family, as did the VAST majority of WWII vets, and became a man of God.
Granted, the WWII vets got parades when “Johnny Came Marching Home” while the Vietnam vets were generally treated with revulsion, sometimes even spit on, but dammit, when life hands ya lemons ya make lemonade. I was in the Air Force during the Vietnam Era. I was treated better overseas than I was on the streets of America, but I love this country and I damned sure didn’t let that shit eat at me. I started another career, just as hundreds of thousands of other vets did. Everyone goes through hard times, whether they be physical or psychological. The “Killer Vets” are few and far between in comparison with the total number who have served. It’s what you DO with your life that matters, not what life did to you.
Dana – your Parents and Grandparents are Responsible for allowing the FAKE Vietnam war.
They are the Registered COWARDS. They are LOSERS.
And whats with the Women with their Lousy 1% Protest Rate for Vietnam ?
I’ll tell you – Women are Only Concerned about a Man’s Money.
Marriage is Legalized Prostitution with One Prostitute
Alimony is After Divorce Prostitution Payment.
But I’m all for Legalized Prostitution.
As it would END Un-Employment in America.
Nothing wrong with Paying for Sex
–
Righteous Robert
Baltimore Bob
So the state mucks peoples minds, then kills them for having mucked up minds.
Some justice, some decency?
Yup, I can only imagine if Dad had gone to war more than one solid year, he’d have been doubly if not quintupley more damaged, and I more so as well. Volunteer armies so quickly can become martyrs brigades FOR JUSTIFIABLE REASONS. This is why for years I’ve been crowing about the Croix de Feu militia of France who introduced the French to fascism…a vet’s org that hated on Dreyfus and coined Corporatism as their label, nothing so crudite as “fascism” for their select companies.
Conscription is the only way to keep the military clean, otherwise, they let the turds rise because everyone feels so bad about abusing them. If everyone knows what passes for patriotism, then who’s gonna pull wool like this over our eyes?
This article needs to be read by every able-bodied man and woman in the United States. It ought to be circulated on college campuses and discussed. The disposability of the human capital in the world of “The Capitalist”.
Good report. Thanks Taylor.
The death penalty is not about justice, it is about revenge. State sponsored murder. They do not care about he status of the individual they are killing just that they get to do it. This satisfies their blood lust… I mean quest for justice.