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Thread: Andrew Howard Brannan - Georgia Execution - January 13, 2015

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    Andrew Howard Brannan - Georgia Execution - January 13, 2015


    Kyle Dinkheller


    Andrew Howard Brannan


    Facts of the Crime:

    Sentenced to death for murdering Deputy Kyle Dinkheller in Laurens County during a speeding incident on January 12, 1998. At first, Brannon ignored Dinkheller's commands. he attacked the deputy and a scuffle ensured. Brannan went back to his car and took an M-1 carbine from under the seat. Brannan systematically, methodically shot Dinkheller in the arms and 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 Dinkheller’s right eye.

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    November 3, 2008

    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.

    (Source: Macon.com)

  3. #3
    Administrator Moh's Avatar
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    On June 2, 2009, Brannan filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/geo...cv00041/47229/

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    Death row inmate files lawsuit claiming denial of mental health treatment

    By AMY LEIGH WOMACK

    A man sentenced to die for fatally shooting a Laurens County deputy in 1998 has filed a federal lawsuit alleging that because he is on death row he is not receiving the mental health treatment he needs.

    Deputy Kyle Dinkheller clocked Andrew Howard Brannan driving 98 mph on Interstate 16 on Jan. 12, 1998. The traffic stop ended with a gunfight between the 22-year-old deputy and Brannan, who was shooting a high-powered military-style rifle. Brannan was shot once in the abdomen. Dinkheller was shot multiple times, including in the chest, twice in the back and twice in the head.

    Jurors convicted Brannan of murder in 2000 and sentenced him to die. Brannan had pleaded not guilty by reason of insanity.

    In a lawsuit filed April 9, Brannan alleges he has been denied “proper and/or adequate treatment” for his mental health disorder and that the Georgia Department of Corrections doesn’t have a system in place to treat death row inmates with mental health problems.

    Brannan, 64, was diagnosed with post-traumatic stress disorder in 1984 following his combat in the Vietnam War, according to his 22-page handwritten court filing.

    He argues his mental health has “severely” declined while he’s been incarcerated due to a lack of treatment, medication and rehabilitation assistance.

    At times, his PTSD and bipolar disorder have caused him to become “manic” because of being locked up for 23 hours a day, Brannan contends.

    Brannan alleges guards came in yelling during a “shake down” of his housing area Jan. 15 and he had a flashback to combat in Vietnam. He suffered a “psychotic breakdown,” yelling and screaming. Prison mental health workers allegedly agreed to take him to a quiet place, but minutes later, guards handcuffed him and told him to get on his knees. When he questioned the guards, they slammed him to the floor so hard that he defecated on himself, Brannan contends.

    He alleges he was punched in the ribs, causing bruising and cracking. Despite a broken collarbone, Brannan contends he never received pain medication, according to the court filing.

    The Department of Corrections declined to comment on the lawsuit Friday, citing the pending suit.

    Brannan is requesting injunctive relief from a judge in addition to compensatory and punitive damages.

    In another handwritten court filing, Brannan has asked that a judge appoint a lawyer to represent him since he can’t afford to hire one.

    Lawyers representing Brannan in his criminal case and death sentence have appealed his conviction to the U.S. Court of Appeals for the Eleventh Circuit. His case, which alleges ineffective assistance of counsel during the murder trial and that the prosecution struck potential jurors from the pool in a racially discriminatory manner, still is pending.

    http://www.macon.com/2013/04/21/2448...#storylink=cpy

  5. #5
    Jan
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    I just watched a few youtube-videos and found the dash cam footage of this murder.



    the wikipedia article:

    Murder of Kyle Dinkheller
    Last edited by Jan; 06-28-2013 at 09:48 AM.

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    Senior Member CnCP Addict Stro07's Avatar
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    On August 8, 2013, the Eleventh Circuit affirmed the district court's denial of habeas relief.

    ANDREW H. BRANNAN v. GDCP WARDEN

    On November 8, 2013, rehearing en banc was denied.

    http://www.supremecourt.gov/Search.a...es/13-1220.htm
    Last edited by Stro07; 04-29-2014 at 07:59 AM.

  7. #7
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    In today's United States Supreme Court orders, Brannan's petition for writ of certiorari was DENIED.

    Lower Ct: United States Court of Appeals for the Eleventh Circuit
    Case Nos.: (12-13039)
    Decision Date: August 8, 2013
    Rehearing Denied: November 8, 2013

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    Senior Member Member GASMANDIRTY's Avatar
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    Andrew Brannan will be getting a death warrant in the next couple of days. Georgia should be the first state to carry out an execution in 2015. Happy New Year's !!!!

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    Execution Date Set For Georgia Death Row Inmate

    Corrections officials in Georgia say a man convicted of killing a sheriff's deputy is set for execution later this month.
    The Department of Corrections said in a news release Friday that Commissioner Brian Owens has scheduled the execution of Andrew Howard Brannan for January 13 at 7 p.m.

    Brannan was sentence to die for the January 12, 1998, slaying of 22-year-old Laurens County sheriff's deputy Kyle Dinkheller.

    Authorities have said Dinkheller stopped Brannan for driving 98 mph and demanded he take his hands from his pockets. Brannan then began cursing, dancing in the street and saying "shoot me" before he rushed the deputy. Police found Brannan the next day hiding in a sleeping bag beneath a camouflage tarp.

    A jury in 2000 found Brannan guilty in Dinkheller's killing.

    http://www.gpb.org/news/2015/01/02/e...ath-row-inmate

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    Senior Member CnCP Addict Richard86's Avatar
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    That video is utterly crazy, and over a speeding ticket?!?!?!?!

    One of my pet peeves is people who think being caught speeding is a violation of their human rights. I've only been caught committing one traffic offense (which was legally speaking a parking offense, even though I wasn't parked in the normal sense of the word), I was mildly irritated by it, but I just sent the local authority a cheque in the post for the required amount in the timeframe needed to not have the fine double and just accepted it. I'd broken the law and they'd sent me the photos that showed it unequivocaly, what's the use in arguing about it.

    Meanwhile I google the place I'd committed the offense and find hundreds of people moaning about how unfair it is that they'd been caught doing what I did. How is it unfair? I was obstructing traffic.

    Then the same people moan about being caught speeding, well, don't exceed the speed limit then!

    Personally I think motoring fines are excellent, if the local authority can lower their residents taxes because of people like me breaking the rules then I'm happy for them, sadly, the idiotic government doesn't feel the same way!

    I'm guessing when you mix idiots who think rules are an infringement on their civil liberties with guns to protect their civil liberties you get tragedies like this. Watching the video, I have to say I'll be looking forward to this execution.
    Last edited by Richard86; 01-02-2015 at 06:16 PM.

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