At 6 p.m. Thursday, the state of Texas will execute James Garfield Broadnax by lethal injection. He will be 37 years old. He will have spent 17 years on death row. And his cousin, the man who says he was the one who actually pulled the trigger, will still be alive, serving a life sentence a few miles away.
This is the full story of one of the most contested death penalty cases in Texas in years.
The Night of the Crime, June 2008, Garland, Texas
It was the summer of 2008. James Broadnax and his cousin Demarius Cummings, both 19 years old, were in the Garland area when Stephen Swan, 26, and Matthew Butler, 28, two Christian music producers, were attacked outside a recording studio. Both men were shot and killed during a robbery. Broadnax and Cummings were arrested shortly after.
Investigators obtained a confession from Broadnax in which he admitted to being the shooter. What his defense attorneys would later argue is that the confession was taken while Broadnax was under the influence of PCP, a powerful hallucinogenic and dissociative drug, and while he was experiencing a severe mental health crisis. At the time of the confession, Broadnax had reported hallucinations, suicidal tendencies and hearing strange noises. Despite all of that, the confession was accepted as valid by the courts.
The Trial, 2009: The Jury, the Rap Lyrics and Race
Broadnax was tried in 2009 and sentenced to death for capital murder. Cummings, his co-defendant, received a life sentence. That asymmetry, one man facing execution and another in prison for the same crime, became one of the central points of debate about whether justice was actually served.
During the trial, prosecutors presented rap lyrics written by Broadnax as evidence of his alleged violent nature and dangerous mindset. For his attorneys and for the rappers who would later join his defense, this was a racially charged use of creative material designed to inflame a jury in a case where two Black men were accused of killing two white men.
The jury that convicted Broadnax was made up of eleven white members and one Black member. One of those jurors, Elaine Clements, later said publicly that she observed the names of Black prospective jurors bolded on a spreadsheet during jury selection, which raised serious doubts in her mind about racial bias in the process. Clements said she believes there is enough uncertainty to at least pause the execution.
The DNA That Did Not Match
Forensic DNA testing conducted on the murder weapon and on the victims’ clothing excluded Broadnax from the most critical samples. His DNA was not found on the trigger or the grip of the firearm. It was not found on the victims’ pockets or clothing. The only instance where Broadnax could not be excluded was a low-level mixed DNA sample found on a shoe, evidence that his attorneys argue does not prove when or how that material was transferred.
The Cousin’s Confession, 2026
In March 2026, with 42 days remaining before the scheduled execution, Broadnax’s legal team filed a new appeal that included something unprecedented: a signed confession from Demarius Cummings, the cousin and co-defendant, stating that he was the one who actually fired the shots.
Cummings said his decision to confess was motivated by the approaching execution date and by becoming “more spiritual.” In his written declaration he stated: “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.” Cummings also stated that he persuaded Broadnax to take the blame for the shooting. Because Cummings is already serving a life sentence, he faces no additional legal consequences for the confession under double jeopardy protections.
The Rappers, the Supreme Court and the Failure of Every Appeal
The Broadnax case attracted attention from major figures in the music world, including Houston native Travis Scott, Killer Mike, T.I., Young Thug and Fat Joe, all of whom filed amicus briefs with the U.S. Supreme Court arguing that the use of rap lyrics as evidence in criminal trials is a racially biased and constitutionally flawed practice.
Despite everything, every legal avenue was closed. On Monday April 27, the U.S. Supreme Court denied Broadnax’s petition for a stay of execution. On Tuesday April 28, all seven members of the Texas Board of Pardons and Paroles voted unanimously against commuting his sentence and against a 180-day reprieve. Governor Greg Abbott has not intervened.
What Texas Says
The state’s position is that Broadnax was tried according to the law, that his appeals were considered and rejected through multiple levels of the court system, and that the evidence, including his original confession, identifies him as the shooter. Prosecutors never applied the law of parties, the Texas statute that allows a death sentence for someone who assisted in a murder even if they were not the shooter. The state argued Broadnax was the shooter, and that is the basis on which he was convicted.
The Victims
Stephen Swan and Matthew Butler were Christian music producers. Jean and Craig Swan, Stephen’s parents, said in 2011 that they were disappointed the Dallas County District Attorney’s Office had not sought the death penalty for Cummings as well. For the victims’ families, justice was incomplete from the beginning, though in the opposite direction from what Broadnax’s supporters argue.
What Happens Tomorrow
Unless a federal court intervenes in the next several hours, which legal observers consider extremely unlikely following the Supreme Court’s denial, James Broadnax will be executed Thursday April 30 at 6 p.m. at the Huntsville Unit in Texas. It would be the third execution carried out by Texas in 2026. Edward Busby is next, scheduled for May 14.
At 5 p.m. Thursday, advocacy groups will hold a virtual vigil in solidarity with Broadnax. His wife Tiana has publicly asked people to share his story and sign petitions. On death row, James Broadnax has spent 17 years waiting for this day.