With just 42 days remaining until his scheduled execution, James Broadnax has filed a new appeal in connection with his capital murder conviction, presenting a signed confession from his co-defendant that claims he, rather than Broadnax, was responsible for the killings.
Demarius Cummings, Broadnax’s cousin, took full responsibility in his confession for the 2008 robbery and fatal shooting of music producers Stephen Swan, aged 26, and Matthew Butler, aged 28. Cummings stated that he had convinced Broadnax, who was only 19 at the time, to falsely admit to the murders due to Broadnax’s lack of a criminal record, while Cummings had already been convicted for other offenses.
In his confession, Cummings noted that the urgency of Broadnax’s impending execution, set for April 30 at 6 p.m., along with his growing spirituality, motivated him to come forward. “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 wrote.
Currently serving a life sentence for his involvement in the double capital murder, Cummings’ confession was first reported by the Dallas Morning News. The appeal filed by Broadnax argues that the state provided no evidence during the trial to substantiate that he had shot the victims, aside from statements he made to the media, and asserts that DNA evidence from the murder weapon consistently indicated Cummings was the shooter. The appeal seeks to halt Broadnax’s execution, return his case to trial court, and ultimately overturn his death sentence.
This appeal was submitted in Dallas County and to the Texas Court of Criminal Appeals. A spokesperson for the Dallas County District Attorney’s Office indicated that the office would be responding to the appeal.
The filing on Thursday also reiterated claims made in previous appeals by Broadnax, one of which is pending action from the Supreme Court. These claims include assertions that prosecutors employed “racially insinuating inferences” and misrepresented rap lyrics authored by Broadnax to secure his conviction. Recently, several prominent rappers, including Houston’s Travis Scott, submitted amicus briefs to the Supreme Court in a separate appeal, contending that the inclusion of Broadnax’s violent lyrics was both erroneous and racially charged.
Under Texas law, individuals can still receive a death sentence if they aided in a crime that resulted in capital murder, even if they did not directly kill anyone. However, prosecutors chose not to apply this law to Broadnax’s case, and the appeal contends that had Cummings’ confession been available, it would have been improbable for the law of parties to apply to Broadnax.
Cummings was charged under this law, but the state opted not to pursue the death penalty in his case.
If Broadnax’s appeal is successful and his execution is postponed, it would mark the third stay granted by the court in Texas within a little over a year. Last March, the Court of Criminal Appeals granted a stay for David Wood’s execution before remanding his case back to trial court in July. Similarly, Robert Roberson’s execution was stayed for a second time in October after new evidence was uncovered with the assistance of state Representative Lacey Hull.
Should his appeal be denied and the execution proceed as planned, Broadnax would become the second inmate executed in Texas in 2026. He is currently one of three men in the state facing scheduled executions.
