Absent last-minute intervention by the U.S. Supreme Court, Texas death row inmate James Broadnax is scheduled to be executed Thursday for the murder of two music producers his co-defendant confessed to in March.
Broadnax was 20 when he was sentenced to death in 2009 for the robbery and deadly shooting of Christian music producers Stephen Swan, 26, and Matthew Butler, 28, in Garland. Demarius Cummings, his cousin and codefendant, was sentenced to life for his part in the double capital murder.
Recommended Videos
Now 37, Broadnax has unsuccessfully appealed his sentence multiple times in state and federal courts. His remaining petition asks the Supreme Court to halt his execution, arguing that Broadnax did not pull the trigger. That application instead points to a March confession by Cummings asserting that he shot both producers and persuaded Broadnax, who had no criminal history, to take the blame.
Broadnax admitted to shooting Swan and Butler in media statements after his arrest. His lawyers told the Supreme Court those confessions were given under the influence of drugs and while Broadnax was experiencing “severe psychological distress and suicidal tendencies.”
Cummings’ confession was initially raised in a petition to the Texas Court of Criminal Appeals, which rejected Broadnax’s claims April 7 without reviewing them, saying his lawyers should have raised them in an earlier appeal. A concurring opinion by Judge Gina Parker said although Cummings had confessed to the killings, Broadnax has not recanted his own confession in the 16 years since his conviction.
The Supreme Court petition also argued prosecutors improperly struck potential jurors based on their race to create the nearly all white jury that convicted him.
The Supreme Court rejected two other Broadnax appeals Monday, one of which argued trial prosecutors relied on “racially inflammatory evidence” by misrepresenting rap lyrics Broadnax had written. Several nationally recognized rappers and artists, including Houston rapper Travis Scott, filed briefs in support of that appeal.
Texas Rep. John Bucy, D-Austin, called for the Texas Board of Pardons and Paroles to intervene in Broadnax’s case, describing a “biased, racially charged trial” and arguing that an execution would be a misapplication of justice.
“Given the physical evidence, his co-defendant’s confession, and serious due process concerns — compounded by racial overtones — James deserves a new trial or, at minimum, a sentence that fits the crime,” Bucy said. “The people of Texas deserve fair justice for all. To execute James would not be that.”
Two men have been executed by the state in 2026, with three additional executions scheduled after Broadnax. Edward Busby, set to be put to death May 14, is next after being convicted of robbing a woman in 2005 and wrapping her face in duct tape, suffocating her.
Texas has executed 598 inmates since resuming capital punishment in 1982. While new death sentences have declined since the turn of the century, Texas has accounted for more than a third of all executions nationally in the same time frame and more than the next four states combined.