In a significant turn of events just 42 days before his scheduled execution, James Broadnax has filed a new appeal regarding his capital murder conviction. This appeal includes a signed confession from his co-defendant, Demarius Cummings, who claims responsibility for the murders, stating he, not Broadnax, was the one who committed the killings.
Cummings, who is Broadnax’s cousin, took full accountability for the planned robbery and the deadly shooting of music producers Stephen Swan, 26, and Matthew Butler, 28, back in 2008. In his confession, Cummings disclosed that he had persuaded Broadnax, then only 19 years old, to falsely claim responsibility for the murders, leveraging Broadnax’s lack of a criminal record to his advantage while Cummings himself had prior convictions.
Cummings explained that his decision to confess was influenced by Broadnax’s impending execution date, set for April 30 at 6 p.m., along with a newfound sense of spirituality. “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,” he stated in his confession.
Currently serving a life sentence for his involvement in the double capital murder, Cummings’ confession adds a critical layer to Broadnax’s appeal, which argues that the prosecution failed to provide any substantial evidence linking Broadnax to the shootings aside from his media statements. Additionally, DNA evidence from the murder weapon has consistently pointed to Cummings as the shooter.
The appeal, filed in Dallas County and with the Texas Court of Criminal Appeals, seeks to stay Broadnax’s execution, return the case to trial court, and ultimately overturn his death sentence. The Dallas County District Attorney’s Office has yet to comment on this recent appeal.
Broadnax’s new filing reiterates claims from earlier appeals, including one currently pending before the Supreme Court, which alleges that prosecutors utilized “racially insinuating inferences” and misrepresented rap lyrics written by Broadnax to secure his conviction. Recently, several notable rappers, including Houston artist Travis Scott, submitted amicus briefs in support of Broadnax, arguing that the inclusion of his lyrics depicting violence was prejudicial and racially charged.
Under Texas law, defendants can be sentenced to death if they played a role in a crime resulting in a capital murder, even if they did not directly commit the act. However, prosecutors chose not to apply this law in Broadnax’s case, and the appeal contends that the law would not have been applicable had Cummings’ confession been available during the trial.
Cummings was charged under the law of parties but did not face the death penalty. If Broadnax’s appeal is successful and his execution is stayed, it would mark the third stay granted in Texas by the court within a year. Recent cases, such as that of David Wood and Robert Roberson, highlight a growing trend of re-examination in capital cases, often spurred by new evidence.
Should Broadnax’s appeal be denied and his execution proceed as scheduled, he would become the second inmate executed in Texas in 2026, joining a small group of individuals currently facing execution in the state.
