Texas inmate seeks to stop looming execution after codefendant confesses to double murder

In his appeal, James Broadnax, who wants a new trial, included a signed confession by his cousin saying he committed the 2008 Garland murders.

With just 42 days remaining until his scheduled execution by lethal injection on April 30, 2026, in Huntsville, Texas death row inmate James Broadnax, 37, filed a new appeal Thursday with the Texas Court of Criminal Appeals, seeking to stay the date, remand his case for a new trial, and ultimately vacate his death sentence for the 2008 capital murders of music producers Stephen Swan, 26, and Matthew Butler, 28, outside their Zion Gate Records studio in Garland.

A fabricated story

The appeal centers on a signed written declaration from Broadnax's cousin and codefendant, Demarius Cummings, 37—dated March 11 and obtained by media outlets in which Cummings confesses that he alone planned the June 19, 2008, robbery, obtained the pistol used in the crime, and fired the fatal shots during the botched holdup that netted only $2 in cash and a 1995 Ford vehicle. 

Cummings, who is serving a life sentence without parole following his separate 2009 conviction in the case, stated he persuaded Broadnax—then 19, from Texarkana, and with no significant prior criminal record beyond a marijuana possession charge—to take responsibility as the triggerman by fabricating a shared story after the crime. Cummings’ statement said he persuaded Broadnax to publicly claim he committed the killings because he had no criminal history, while Cummings had already been convicted of other crimes.

"A Heavy Conscience"

Cumminngs explained that the decision to come forward now stemmed from learning of Broadnax's execution date during a late-February meeting with Broadnax's attorney, Steven Herzog, combined with his growing spirituality in prison and a heavy conscience after more than 15 years of maintaining the false narrative.

Cummings emphasized that only his DNA was recovered from the murder weapon and the victims, with no trace of Broadnax's DNA found on the gun or elsewhere, as supporting evidence of his confession. Broadnax's lawyers argue this new evidence "fundamentally undermines" the state's case, as prosecutors tried Broadnax specifically as the shooter rather than under Texas' law of parties—which allows conviction for capital murder even without personally committing the killing—and that a jury likely would not have imposed death had it known Cummings was the actual triggerman. 

The appeal also reiterates prior claims of constitutional violations, including alleged racial bias in jury selection that produced a nearly all-white jury in violation of the 14th Amendment's equal protection and due process guarantees, as well as the improper use of Broadnax's rap lyrics as evidence of his future dangerousness—a point recently bolstered by amicus briefs from prominent artists like Travis Scott filed with the U.S. Supreme Court in a related pending appeal.

A spokeswoman for the Dallas County District Attorney's Office, Claire Crouch, said the office would conduct due diligence and respond to the motion. 

If his appeal is successful and Broadnax’s execution is stayed, it would be the third stay granted in Texas by the court in just over a year. 

Last March, David Wood’s execution was stayed by the CCA before his case was remanded back to trial court in July. Robert Roberson’s execution, which had been opposed vehemently by several members of the state Legislature, was also stayed for a second time in October following an appeal with new evidence found with the assistance of state Rep. Lacey Hull, R-Houston.

If Broadnax's appeal is rejected and the execution proceeds as scheduled, he would be the second inmate in Texas put to death in 2026. He is one of three men in the state with executions currently scheduled.

Texas' Law of Parties

Texas' Law of Parties allows individuals to be held criminally responsible for an offense—even a capital crime like murder—if they acted as a party to it rather than the principal perpetrator. A person is liable if, acting with the intent to promote or assist the commission of the offense, they solicited, encouraged, directed, aided, or attempted to aid another in committing it.

In practice, this means accomplices face the same charges and potential penalties as the person who physically committed the act, including life imprisonment or the death penalty in capital cases.

However, for death penalty eligibility under Texas law, the jury must find that the defendant either caused the death, intended to kill, or anticipated that lethal force would be used. The doctrine has drawn criticism for potentially imposing severe punishments on those with lesser involvement or who did not foresee violence. Mere presence at the scene is insufficient; some affirmative contribution is required.

The doctrine has faced repeated—but unsuccessful—legislative attempts to limit its application in capital cases, including House Bill 1736 (2023), which passed the Texas House to restrict death penalty eligibility for non-killers under the law of parties by requiring major participation and reckless indifference to human life, and similar bills in 2025, though no significant amendments have succeeded to date.

Sources: texastribune.org, Dallas Morning News, Staff, DPN, AI, March 19, 2026

"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."
— Oscar Wilde

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