( CNN ) Andrew Brannan , a decorated Vietnam War veteran convicted of murdering a 22-year-old sheriff 's deputy in 1998 , was executed Tuesday , said Gwendolyn Hogan , spokeswoman for the Georgia Department of Corrections . Earlier in the day , the Georgia Supreme Court joined the state 's parole board in declining to stop the execution . The justices denied a stay of execution by a vote of 6-1 , with one justice not participating . Brannan was scheduled to die of lethal injection at 7 p.m . ET Tuesday at the Georgia Diagnostic and Classification Prison in Jackson . Hogan said the court ordered execution was carried out at 8:33 p.m . ET . She said a final statement was given , expressing remorse to the family of the slain deputy . The state 's high court had also denied Brannan 's request for an appeal on the basis that it is unconstitutional to execute a person with his medical conditions and combat history . In denying clemency late Monday , the State Board of Pardons and Paroles said , `` In reaching its decision , in addition to hearing testimony during the meeting on Monday , the board prior to the meeting had thoroughly reviewed the parole case file on the inmate , which includes the circumstances of the death penalty case , the inmate 's criminal history , and a comprehensive history of the inmate 's life . '' Attorneys for the 66-year-old Brannan had hoped his sentence would be found unconstitutional . His defense attorneys claim Brannan , who served in Vietnam in the early 1970s , was suffering from post-traumatic stress and bipolar disorder at the time of the shooting and was off his medication . In a petition filed Monday with Butts County Superior Court , Brannan 's attorneys requested his life be spared because `` executing American combat veterans whose service-related mental impairments played a role in subsequent violent conduct violates the Eighth and Fourteenth Amendments to the United States Constitution and analogous provisions of the Georgia Constitution . '' The document went on to say `` death is inappropriate for those with diminished capacities to understand and process information , to communicate , to abstract from mistakes and learn from experience , to engage in logical reasoning , to control impulses and to understand the reactions of others . '' Attorneys Joseph Loveland Jr. and Brian Kammer , who represent Brannan , say that the death penalty is reserved for the `` worst of the worst '' offenders who commit murder and that Brannan does not fit that category . They contend his mental problems were directly related to his combat service and defense of the country 's interests and ideals . The killing of Laurens County Deputy Kyle Dinkheller was captured on the deputy 's dash camera just outside Dublin , Georgia . Versions of the video have been uploaded to YouTube . Brannan is seen in the video confronting Dinkheller after being pulled over for driving almost 100 mph in his pickup . Brannan appears to be confrontational from the start , acting irrational as the deputy tells him to keep his hands out of his pocket . He then mocks the deputy and at one point seems to dance around yelling , `` Shoot me , '' at Dinkheller . Brannan then yells that he is a Vietnam veteran . He lunges at the deputy before he runs back to his truck , grabs a rifle and begins to shoot . The video goes on to show a heated gunbattle as both men hide behind their vehicles for cover . Bullets appear to pierce the windshield of the deputy 's car . Brannan 's car door window shatters above his head . In the video , Dinkheller and Brannan are shot and wounded in the battle . Brannan advances on the deputy , and off camera , you hear the deputy scream before Brannan repeatedly shoots him and then flees the scene . Dinkheller died , leaving behind a wife and child . Brannan , who had no criminal record before the shooting , was convicted of the murder in 2000 . During the trial , attorney Kammer says the defense presented evidence that Brannan suffered from PTSD but claims that crucial testimony from a Veterans Affairs doctor treating him was never heard . His sentence was appealed , and a judge ordered a new sentencing trial , but that was later overturned by the Georgia Supreme Court . Dinkheller 's father , Kirk Dinkheller , posted on his Facebook page this month that `` January 12 , 2015 it will be 17 years since my son Kyle was murdered in the line of duty and on January 13 , 2015 his killer will finally be held accountable . Nothing will ever bring my son back , but finally some justice for the one who took him from his children and his family . '' CNN 's John Murgatroyd contributed to this report .
Georgia Supreme Court votes 6-1 to deny stay in Andrew Brannan 's execution . Brannan was executed by lethal injection Tuesday night in Jackson , Georgia . The court ruled that the state had failed to prove a substantial risk of cruel and unusual punishment or an imminent threat to public safety.