GARLAND, Texas — A Texas death row inmate scheduled for execution April 30 is seeking to halt his sentence after his cousin confessed to being the actual gunman in a 2008 double murder that left two Christian music producers dead outside a Garland recording studio.
James Broadnax, 37, faces lethal injection for the killings of Stephen Swan, 26, and Matthew Butler, 28, during a botched robbery that netted just $2. His cousin and co-defendant Demarius Cummings, who received life in prison, now claims in a sworn statement that he — not Broadnax — fired the fatal shots. The new confession has prompted Broadnax’s attorneys to file appeals with the Texas Court of Criminal Appeals and Dallas County courts, arguing that DNA evidence on the murder weapon supports Cummings’ admission and undermines the state’s case for the death penalty.
In his recent declaration filed with the court, Cummings detailed how he persuaded his 19-year-old cousin to take responsibility for the shootings because Broadnax had no criminal history while Cummings had prior convictions. Both men were high on PCP and marijuana during the December 2008 crime, according to the confession. “I persuaded James to take the blame for shooting the two victims. In fact, I was the one who shot the two victims, not James,” Cummings wrote. He said his decision to come forward was influenced by Broadnax’s looming execution date and his becoming “more spiritual” during his years in prison. “I want to clear my conscience and do not want James to be executed for shooting two people when I was the one who committed those acts,” the confession states.
The new claims directly contradict statements both cousins made to investigators and media following their 2008 arrests. In recorded jailhouse interviews with FOX 4 News, Broadnax admitted to his role in the shooting in an expletive-laced conversation, while Cummings showed remorse but denied killing anyone. According to police interviews from the time, both men initially identified Broadnax as the shooter. Investigators said the cousins approached Swan and Butler outside the recording studio, initially considering using an AK-47 but choosing a handgun because it was easier to conceal. After the shooting, Broadnax reportedly told investigators they realized they had gained almost nothing from the robbery, saying “just two dollars … all this over two dollars.” Both men were convicted of capital murder in 2009, with Broadnax receiving the death penalty and Cummings sentenced to life without parole.
Broadnax’s defense team argues that DNA evidence presented at the original trial supports Cummings’ new confession. “This is confirmed by the fact that my DNA and not James’ DNA was found on the pistol,” Cummings stated in his declaration. Sheri Johnson, a Cornell Law School professor consulting on the case, said the confession aligns with forensic findings from the trial. “That declaration actually matches with the forensic evidence that was presented at trial,” Johnson told NBC 5. The appeal claims prosecutors presented no evidence during trial that Broadnax fired the weapon other than his own statements to media. Under Texas law of parties, defendants can receive death sentences for participating in crimes resulting in capital murder even if they didn’t pull the trigger, but prosecutors explicitly chose not to use that statute in Broadnax’s case.
The case has drawn national attention from prominent hip-hop artists who filed legal briefs challenging prosecutors’ use of Broadnax’s rap lyrics during the penalty phase of his trial. Travis Scott, Killer Mike, T.I., Young Thug, Fat Joe, and N.O.R.E. have all supported appeals arguing that dozens of pages of handwritten lyrics were improperly used to portray Broadnax as a future danger — a key requirement for death sentences in Texas. “A death sentence based in any part on protected artistic expression violates not only the First Amendment but our most basic principles of due process,” said Ellyde R. Thompson, an attorney representing Travis Scott. Prosecutors introduced the lyrics to argue Broadnax would pose ongoing threats, but defense attorneys contend this violated his constitutional rights and reflected racial bias against rap music as an art form.
Additional concerns have emerged about racial bias during jury selection in Broadnax’s original trial. Court records show prosecutors used peremptory strikes to remove seven Black potential jurors, though one was later reinstated by the judge. The final jury consisted of 11 white jurors and one Black juror deciding the fate of Broadnax, who was 19 at the time of the crime. Brett Ordiway, a board-certified criminal appellate attorney not involved in the case, explained that Broadnax must overcome strict rules governing multiple habeas corpus applications. “One of those exceptions is based on previously unavailable evidence, and that is primarily what they are citing here,” Ordiway said. The appeals cite both Cummings’ confession and recently discovered jury selection charts from the Dallas County District Attorney’s Office as new evidence supporting claims of prosecutorial misconduct.
During the original trial, emotional testimony from victims’ families underscored the devastating impact of the killings. Swan’s mother spoke about her loss, while Butler’s mother told Broadnax she had forgiven him. At the time, both families supported the death penalty for their loved ones’ killers. NBC 5 reported it has been unable to reach the victims’ families for comment on the new developments. The Dallas County District Attorney’s Office said in a statement, “Our office will do its due diligence and respond to the motion.” Prosecutors maintain that Broadnax raised some legal challenges too late and argue the conviction and sentence should stand despite the new claims from Cummings.
The Texas Court of Criminal Appeals now faces the task of determining whether Cummings’ confession and allegations of racial bias warrant halting the execution. The nine-judge panel must decide if the new evidence satisfies exceptions for filing multiple appeals and whether the claims have sufficient merit. If successful, remedies could range from a complete new trial to a new sentencing hearing where jurors would again decide between death and life without parole. If the appeal fails and Broadnax’s execution proceeds as scheduled, he would become the second Texas inmate executed in 2026. Courts are expected to rule on requests for a stay before the April 30 execution date, marking what could be the third execution stay granted by Texas courts in just over a year.
