A Texas death row inmate was set to face lethal injection Thursday evening despite new claims from his relative that he was the actual gunman in a deadly 2008 robbery.
James Broadnax, 37, received a death sentence for the murders of Stephen Swan and Matthew Butler, who were shot and killed outside Butler’s recording studio in Garland, a Dallas suburb. His relative, Demarius Cummings, received life imprisonment without the possibility of parole for his role in the crime.
According to prosecutors, Broadnax admitted his guilt in the shootings, telling news media while incarcerated that “I pulled the trigger” and expressing no regret for his actions.
The execution was set to take place after 6 p.m. Central Time at the Huntsville state prison facility, located approximately 70 miles north of Houston.
Defense attorneys filed emergency petitions with the U.S. Supreme Court seeking to halt the execution after lower courts refused to intervene.
The legal team’s final attempts center on two main arguments: Cummings has now admitted to being the actual shooter, and Broadnax’s rights were violated when prosecutors removed potential jurors based on their race.
“I’m really gonna tell it like it’s supposed to be told, that it was me, that I was the killer. I shot Matthew Bullard, Steve Swann,” Cummings stated in a recent prison video recording made to support efforts to stop the execution.
Defense lawyers argue in Supreme Court documents that Cummings’ admission is “corroborated by the fact that his DNA, and not Mr. Broadnax’s, was found on the murder weapon and in the pocket of one of the victims.”
In the same video, Broadnax claimed his earlier confession was untrue, saying he didn’t value his life at the time. His legal team contends he was under the influence of narcotics during his media interviews.
Broadnax also expressed regret to the victims’ families for his involvement in the robbery.
“I wish I could show them my soul, so they could see just how sorry I am. I am very much remorseful for everything that happened,” Broadnax stated.
Defense attorneys further claim prosecutors removed all seven potential Black jurors due to race, “utilizing a spreadsheet during jury selection that bolded only the names of every Black juror,” court filings indicate. One Black juror was subsequently added back to the panel. Broadnax is African American.
The 1986 Supreme Court decision in Batson v. Kentucky established that removing jurors based on race violates the Equal Protection Clause of the 14th Amendment.
In previous appeals, Broadnax’s legal team argued prosecutors violated his constitutional protections by using his rap lyrics to depict him as violent and dangerous to justify a death sentence. Several prominent rap artists, including Travis Scott, T.I. and Killer Mike, submitted court briefs supporting Broadnax’s case.
However, the Supreme Court rejected that appeal along with another challenging how forensic evidence was presented during trial.
The Texas Board of Pardons and Paroles rejected Broadnax’s petition Tuesday for either a 180-day delay or sentence commutation.
The Texas Attorney General’s Office has characterized Cummings’ shooter confession as “questionable new evidence.” State lawyers also argued in court papers that Broadnax’s allegations about racial targeting of Black jurors are “entirely meritless,” claiming these individuals were dismissed based on their responses during questioning, including opposition to capital punishment.
Theresa Butler, the mother of victim Matthew Butler, has requested the execution move forward.
“This so called confession from cummings is just a stall tactic by broadnax’s desperate defense team. Its all a lie,” Butler posted on social media.
Should the execution proceed, Broadnax would become the third person executed in Texas this year. The state has historically conducted more executions than any other.
Approximately one hour before Broadnax’s scheduled execution Thursday, Florida planned to execute James Ernest Hitchcock, 70, for the beating and strangulation death of his 13-year-old step-niece.
