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Guilty but Insane Due to PTSD
The case of former Oregon Guard member, Jessie Bratcher, may have set a precedent in Oregon. He was the first case of an Iraq veteran found guilty of murder, by reason of insanity due to PTSD. On Monday he was sentenced — handed over to the state's Psychiatric Review Board and scheduled to be moved from the Grant County Jail to the Oregon State Hospital. As he faces his future we ask: should post-traumatic stress from serving in Iraq be a defense for murder?
In the summer of 2008 Jessie Bratcher's fiance, Celena, told him she was pregnant, and that she had been raped. Jessie was angry. He says he put a gun in his mouth and considered suicide. He stayed up all night, cut Celena's hair, made her walk a couple miles to the hospital when she started getting cramps, and then went away with her to Idaho to get her name tattooed on him and to watch a movie.
The next day Jessie awoke and went out with Celena. He bought a gun and went to the house of the man who allegedly raped Celena, Jose Medina. At first Jose denied knowing Celena. He then admitted to knowing her, and to having consensual sex with her. He apparently said he would take care of the baby if it was his. Jessie then shot him, six times. The final shot killed him.
The defense argued that Jessie experienced flashbacks from PTSD during his stressful discussion with Jose. He was, therefore, not in control of his actions. The jury agreed and Jessie was charged with murder by reason of insanity due to PTSD. Instead of years behind bars Jessie will now be moved to the Oregon State Hospital and assessed by the Psychiatric Review Board.
In this show we'll hear from many players involved with this case, including Jessie Bratcher who is currently still in jail in Grant County. But we'll also explore the bigger question: Can PTSD cause insanity which can make someone no longer in control of their actions -- even the act of killing someone? What do you think of the charge of guilty but insane due to PTSD? Do you, or a loved one, suffer from PTSD? How does your experience inform your thoughts about this case?
Tagged as: law · military · ptsd
Photo credit: Still Burning / Creative Commons
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How can this happen?. Both these people premeditated this incident that resulted in murder. This was not a crime of impulse, an irresistible PTSD flashback symptom and should not be a factor in explaining this maladaptive aggression in this incident.The experts have already ruled,so this opinion is moot now.There should have been fMRI pictures of the brain showing it's malfunctioning, then there would be reason to believe bad wiring did contribute.There was no such evidence.
PTSD is a disorder of the neuroanatomy, a rewired brain that will malfunction under certain circumstances. Spontaneous,uncontrolled rage is a factor because those mediating circuits have been rewired by boot camp and battlefield trauma.The etiology of maladaptive aggression explains aggression to prevent it or reduce the risk.PTSD as an "abuse excuse" is not the purpose of the science.It should never become a shibboleth for explaining premeditated murder.
There probably will be cases where PTSD will be a valid defense for mal-adaptive aggression.I don't think this is the case.
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PTSD has numerous characteristics not just rewiring of aggressive behavior but other areas as well that could put wrong portions of the brain in the enviroment. This is why it is so hard to prove to the VA you have the condition...... 5 years plus for me even though plenty of psychairist have said its there. It will should never be a valid defense it should possibly be something considered in sentancing but should not deter a person from going to the pen for murder or getting the death penalty
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I really am surprised to know that the case of the previous Oregon guard member had set up an example in the place. I do not know as to how the case extended to this much but what I think is that there is no insurance that he would not do the same if he is left free. Hence it is important that he is punished by the government for what he had done ad that too at the highest proposal! scrapbooking paper
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I have lived with PTSD all my life and know first hand that PTSD cancause flashbacks that can cause phycosis that cause a person to do things they would ordinarily never do.
I didn't even know what PTSD was until it was to late and I had spent ten months in jail and was sent to OSH. My sentence was twenty years under the PSRB and believe me, the PSRB makes prison seem almost preferrable.
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You obviously have insight to this disorder which should also lead you to develop coping strategies in anticipation of mal- aggressive impulses.Medications help mediate impulses and help you have moments of self reflection to reconsider and reflect on alternative behaviors.Insight like you have makes you very able to recover. Your brains plasticity means it can still change and provide better control in the future.In the mean time, try to make amends, do random acts of kindness , if you can. You can't undue what you have done, but in life, there is some sort of balance in the long run.Keep your faith to see you through one day at a time.Carry on.
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It is unfair to ask our soldiers to serve in dangerous and trying situations then deny them the ability to defend against a criminal charge by denying them the PTSD argument. PTSD is a direct result of their military service, and if we are going to fight wars, we need to be prepared to accept the consequences.
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This situation is outrageous. How could you find an objective jury for this case in Grant County? Most likely, people in less urban areas are going to be sympathetic to the US military. I highly doubt this jury would have had the same empathy for someone with a mental illness that was not related to military service.
Additionally, PTSD because of military service, is a direct result of a choice---a choice to take part in potential battle and war. There are few other circumstances where a mental illness is predicated on your choice, on your accepting the risk. Even if this murder can be shown to be a result of PTSD, there should be more culpability because the PTSD is a result of your decisions. Mr. Bratcher was not rapped against his will, he willing joined an army and knew the risks of that decision.
Many are way too sympathetic to PTSD, or they bandy it about, because they believe it shows the harms of war, which it doubtless does, but most of the time it is irrelevant. We should attack war as a concept alone, not including ancillary arguments about what it does to participants. Those are separate issues.
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You obviously have no concept of duty or honor, not to mention some people enlisiting because there are no oportunities for them otherwise. Just because someone decided to serve their country doesn't mean that it's their fault when they suffer from doing their duty. If it were not for people willing to sacfifice their own freedoms to support and defend this country you wouldn't have the ability to sit on your pulpit and criticise.
I proudly served in Iraq with the Army and YES now because of my service I suffer from PTSD and now you want me to blame myself for suffering because I choose to serve my Country. Well F**K You, next time stand in front of a soldier instead of standing behind him!!!!
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How could I not include the platitude: where was the lord Jesus when Mr. Bratcher was murdering Mr. Medina? Good job having Mr. Bratcher on the show. A milestone, our (your) first full-fledged murderer! (I think).
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As a sexual abuse survivor, PTSD is a regular part of my life and clearly an emotional issue for me. It's a consistent frustration in my life to feel powerless to explain just how all-consuming Post Traumatic Stress Disorder is, and how overwhelming the feelings and sensory symptoms are.
It's clear to me that Mr. Bratcher's PTSD has gone untreated - my experience is that PTSD is a manageable condition, IF the trauma survivor has access to professional counseling and resources. Hopefully Mr. Bratcher will find the help he needs now that he will at least have access to psychiatric professionals.
Whether or not Jessie Bratcher's condition was "by choice" regarding his service in the military is an issue I believe to be irrelevant. I think soldiers who have fought for our freedoms overseas would rather you just said thank you, offering them treatment instead of criticism for the consequences of their service.
Perhaps this wouldn't have happened at all if we took mental illness seriously, providing professional services for our military especially, instead of pretending like it shouldn't have any effect...until something terrible like this happens.
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Yes, maybe you are right, hearing Mr. Bratcher speak, he was doubtless a halfwit (with diminished capacity) before he joined the military, so, rightfully he has been 'crazy' all-along. So, maybe the insanity defense makes sense.
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I think soldiers who have fought for our freedoms overseas would rather you just said thank you, offering them treatment instead of criticism for the consequences of their service.
Fighting for our freedoms? Exactly how were our freedoms in jeopardy? I really can't bring myself to thank a vet. These days, that's like thanking someone for stepping out in front of a car for no good reason.
The war in Afghanistan might have done some good in the area if we had not decided to have an irrelevant adventure in Iraq and had really been committed to improving their lives instead of getting revenge, but, fundamentally, terrorists do not pose any real threat to our freedom. All the threats to our freedom since 9/11 have come from within.
Moving on to Iraq, there is absolutely no question Iraq posed to threat to our freedom.
So, why thank a vet? What have they really done for us in the past 8 years? They volunteered and they were used as tools. It's sad, really sad, and I'm willing to pay for their treatment when they get back. But no, they are doing nothing for our freedom.
I would thank them if they had really fought for our freedoms and shot everyone involved in drafting and implementing the PATRIOT Act.
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Rather than relying on the civilian courts to use mental capacity evaluation standards to essentially excuse a premediated murder and let a demonstrably violent mentally challenged offender avoid criminal incarceration, why not do this:
Enact a new category of criminal judgement in the homicide statute: Guitly by Reason of PTSD. If the PTSD determination is combat related, the offender would then be returned to the US military for incarceration and treatment in some secure military facility until a future time that they are determined to not be a risk to civilian population.
Let the national defense budget bear the burden of isolating and treating murderers with the disorder.
I find the fact that he has a homicidal psychotic condition enough reason to pack him away for a life sentence. I do not feel that PTSD offenders are entitled to any lienency.
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I think this is a great idea - it makes sense, especially because I think that PTSD as a result of military service is in its own category.
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Nice try to use military service as an excuse for killing someone. Sorry, That does not work. No sympathy from this old war Marine. I was in a lot of close quarters combat during three years in Vietnam. It was even hand to hand combat, and in situations, where there was little or no hope that we would survive. Coming home was a nightmare and my wife ran off with another man the entire program.
There was at no time, a place where I could vent my rage. You must adapt and find some sort of meaning in the idea you did survive some terrible ordeals in war and in peace. You must somehow find a point where you must simply deal with the unfairness and loss, dissapointment, and go on.
Jesse is a murderer, he killed someone. Depression from war is no excuse to just go kill someone.
troop emonds , Manzanita, Oregon
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You are wise troop! You would be invaluable in working with this newest generation of Vets, God knows there are thousands of Jessie out there ready to go off!
Thanks for your contribution, Semper Fi!
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First let me say welcome home Brother, I am really gald you made it back and were able to regain that part of your faculties that allows you to function within normal society. The sad fact is, some soldiers that come home do suffer greatly from mental illnesses, and for the record PTSD is not simply depression. If you are going to coment on an issue do your research and learn about the incredible complexity of a disease.
I am in no way excusing his behavior and I believe he should possibly be locked away and given the treatment he so greatly deserves, but the issues surrounding PTSD are very real and very scary. Before I started getting treatment "Real Treatment" along with medications I would snap on a nun for no better reson than she looked my way. Prior to war I always had a smile, was the life of the party and engaged with poeple everyday in every way and functioned exceptionally in society. Unfortunately I cannot say the same when I returned home from the war.
I'm not sure why or how it happens but for some of us the experiences we have in war affect us in a way that changes the very essence of who we are. I do believe there should be special sentencing guidlines for Veterans that come home sufferring. I don't think they should get off scott free, but they SHOULD have the opportunity to receive the care they need so that they can once again contribute to society.
Once again welcome home and thank you fro your service!!!
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I wonder if there are any statistics on how mentally and emotionally healthy people are before they get PTSD? Or if it effects people across the board? I assume it of course is commensurate with the amount of trauma, but I also suspect there are certain personalities that are more prone to it. It doesn't mean they are 'to blame' but it would be useful in knowing how to prevent it---and potentially exclude people from service who would be susceptible to it.
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Read The Biology Of Violence by Debra Niehoff Ph.D
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Thanks. I will get it at Powell's tonight. After reading about it on Amazon it sounds perfect.
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one more page in the monumental tragedy that is the Global War Of Terror - now over a million pages deep
Jesse mentioned 9/11 - this tragedy is no accident - it was engineered and we're all victims - think about that the next time someone talks of the patriotism of those who enlisted because of 9/11 - thing about The Global War Of Terror and those who benefit from it
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Spending 1 trillion dollars and killing hundreds of thousands, friends or enemies, to avenge the death of 3000 Americans, on the surface, is institutional insanity. There is no excuse for that either.
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As I am listening, I become increasingly disturbed by the turn of the conversation.
In regard to the wanted apology from Mr. Bratcher:
My mother was diagnosed with several mental health challenges around her sexual assault experience when she was young, one of them being PTSD. She has a very hard time communicating, taking another person's point of view, and is very protective of herself. Growing up it was difficult to live with her as she was very abusive. When I become of age I decided that I was never going to speak to her again until she was able to say she was sorry. Now at the age of 30, I have yet to receive my apology. Over the years I have realized that I am never going to receive it. I have been waiting for something she is never going to be able to extend to me. If we are only waiting for apologies and not experiencing compassion, we will never move on. My mother is not at fault for the things she experienced. I know that is not choosing to be mentally unstable. I know that if she could be heallthy, she would.
Second, I have never been a soldier in a war and could not possibly ever know what that feels like. But what I can say is that it behooves us to try and understand, to recogniz that the men and women sent on behalf of our country are experiencing life changing tragedies of the physical and spiritual kind. While it is awful a man was killed as a result of a soldier with PTSD, we must look at what the military can do, we must hold them accountable...ie lesson the amount of repeated tours our soldiers are doing, required mental health services, and get out of these wars! We must also look at what we can do as a society to better support those who suffer from war related mental health challenges. Whether of not we agree with the two wars, we have to care about those individuals who are giving up there lives, sometimes permanently in the event of a death, in the name of our country.
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What I can tell you as a woman of violence against me, have said that if another man or woman hurt me I surely would be found non-guilty due to my PTSD jokingly. I feel that this is a manipulative move to not take responsibility for ones actions. It bothers me very much that we can use our diagnosis for gain when it's convenient and fight against the stigma the rest of the time. It's things like this that scare the public of mental illness because others "use" it to their advantage. I've learned ways to offset my rage appropriately and believe it is our responsibility to do so. Just my view....
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This is a terribly sad, difficult and complicated case -- a genuine tragedy. As a citizen, a former crime reporter and a veteran, I would not dream of second-guessing the jury or the outcome of the trial. I feel for everyone involved; and we are ALL involved.
The more fine, upstanding young men and women who otherwise would never willingly harm another human being are subjected to the intense pressures of military indoctrination required to turn them into killers, sent to kill, ordered to kill and put into situations in which they do kill, the more murder, suicide and other violence we will see after they return home. Some crack; none escapes unharmed.
That is just one of many reasons we must make absolutely certain that war is our last resort, to be employed ONLY for defense and ONLY after every other means of resolving conflict has failed -- not as simply another political wrench in any administration's toolbox.
Post-traumatic stress disorder -- the mental and emotional damage known in previous wars as battle fatigue, shell shock or combat neurosis -- is an inevitable result of sending ordinary human beings into the terror, slaughter and soul-shattering hell that is war. Like physical injury or death, it is an appalling cost to pay. We must be willing to bear that cost -- or ask others to bear it -- ONLY when we have no other choice.
What goes around, comes around. To enjoy peace in America, we must be peacemongers everywhere.
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As much as I like the results, of highlighting the mental concussions of battle, in an attempt to tarnish our wars, I think our concern about the soldiers is a bit thin or extraneous. It is hard to believe most of us are actually that concerned about the 'troops' as humans. We use their mental state as a tool in the battle to decry war.
Soldiers are not being sacrificed on an altar so you and I can get to heaven. They are not giving up anything, or not anything more then most people give up to survive. I don't know how American culture has managed to spin this over and over again, painting the troops as perpetual self-sacrificial martyrs and humanitarians. We have been so successful with the spinning, that no public official would ever dare speak against them. We only dare to publicly speak against the war, but never the individuals carrying it out.
It is never them, it is the mission. It is always someone else, some chain of command. Now, it is not Mr. Bratcher, it is his PTSD. Nevermind, he bought a firearm in proximity of the murder. Nevermind, he had the firearm with him when he went to confront the late Mr. Medina. Nevermind, Mr. Bratcher said the military "pretty much altered your value of human life." And, with that quote Mr. Bratcher implicates himself by stating his disregard for human life as a result of his military experience. Did no one notice that?
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The guy went and bought a gun, he planned it out....it wasnt like he snapped.and went on a rampage. This guy is a murderer, and is using PTSD as an excuse to commit murder. I do believe there are people that do suffer from PTSD...but Folks this isnt one of them. Give this jelous man the time that he deserves...his jelous rages will only get worse and could do harm to a girlfriend or baby. There is no doubt no doubt that PTSD is real, and I feel for those that suffer.
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I was an infantryman in Baghdad during OIF III. I was fired at multiple times, responded to multiple IED strikes and deaths, had a wife that committed multiple acts of adultery in my absence, and did not kill anyone when I returned to the states. Oh, and I have a diagnosed case of PTSD.
I was beside myself with anger and rage at times, but did not react within any form of aggression towards another person. The thoughts were there, but nothing more than that.
After listening to the interview with Jesse Bratcher, he made not statements that lead me to believe that he is anything but someone who got caught in an act of premeditated murder. I understand that he could not comment on many aspects of the case, but past that, he wasted his opportunity to help his cause in the least.
It sounds as if the PTSD defense was the only card he was holding and the courts did not call his bluff. It is ridiculous.
Of course, all people react differently to combat stress. Some are stronger than others and some channel it appropriatley.
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This is so incredibly disgusting!! I knew Jose, Jessie and Celena. I also knew she was WILLINGLY having sex with Jose when Jessie would leave town. She cried rape only after she found out she was pregnant. After seeing how angry Jessie was at her for being pregnant she had to blame someone and thats when Jose came into the story. If you ask me Celena is just as guilty as Jessie if not more than, she LIED about the rape- Jose was not a rapist, he was a son, a brother and a best friend but more than that he was one of THE BEST DADS anybody could ask for. His babies were his life, Celena went with Jessie to buy the gun, she sat in his truck more than a half an hour knowing what Jessie was planning to do with the gun and she did ABSOLUTELY NOTHING to stop him. She even sat in the truck and let Jessie accuse Jose of raping her, but even worse than that she watched Jessie pull out his gun and shoot Jose in his back 6 TIMES in front of his 10 year old nephew. This is a case where nobody wins, Celena is responsible for the death of a great person and the lives of 5 chidren that were left without a dad. I hope she hears him begging for his life for the rest of her life.
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Comments are now closed.
It seems like this will become more frequently used in legal defense, Following the Bratcher case, the Supreme Court ruled unanimously that the sentencing decision of a Korean War Veteran convicted of murder should have taken into consideration Post Traumatic Stress he incurred during the war.