A Texas man on death row for murdering two people is asking the state to halt his April 13 execution after someone else has allegedly come forward to claim responsibility — his own cousin.
James Broadnax‘s attorneys filed an appeal asking the court to stay his upcoming execution, claiming their client’s codefendant in the 2008 case — his cousin, Demarius Cummings — is the one who fired the bullets that killed Stephen Swan and Matthew Butler.
The shooting unfolded in Garland outside of a Christian music recording studio, according to police.
Lawyers for Broadnax, 37, argue in fresh court filings that a confession from his codefendant cousin is new evidence that undercuts the state’s entire case for both his conviction and death sentence.
Cummings now allegedly claims that he was the one who shot and killed the two victims, not Broadnax. Both men were 19 at the time of the fatal robbery and shooting. They made off with $2, police said.
Cummings, 37, has allegedly walked back his prior statements to cops. He is now saying that both he and Broadnax were high on PCP and marijuana at the time of the crime, and, because he was the only one with a criminal history, Cummings convinced his cousin to claim responsibility.
The assumption was that, as a first-time offender, Broadnax would eventually receive a lighter sentence.
“I was the one who shot the two victims, not James,” reads Cummings’ alleged confession, included with the latest court filings in the case. “This is confirmed by the fact that my DNA and not James’ DNA was found on the pistol. The fact that James received the death sentence for these crimes while I was the one who shot the victims has been weighing on my conscience, particularly as I have become more spiritual during my years in prison.”
Broadnax was ultimately convicted and sentenced to death for the murders while Cummings received a life sentence without the possibility of parole.
In addition, Broadnax’s attorney is alleging in racial bias during the jury selection process in the new filings. Seven potential Black jurors were nixed from consideration by the trial judge, the filings state. At trial, 11 white jurors and one Black juror ended up deciding his fate.
The case is set to be heard by the Texas Court of Criminal Appeals. The panel, composed of nine judges, will weigh whether the new claims have any merit, and a decision from them is expected before Broadnax’s April 13 execution date.
Broadnax was a budding rapper in 2008. “What’s Luv” rapper Fat Joe recently joined a growing chorus of voices seeking to halt the execution. Killer Mike, Travis Scott, T.I., N.O.R.E., and Young Thug have all come out in support of a petition that challenges the legal basis of the conviction.
