{"id":212193,"date":"2026-03-20T00:13:10","date_gmt":"2026-03-20T00:13:10","guid":{"rendered":"https:\/\/www.newsbeep.com\/us-tx\/212193\/"},"modified":"2026-03-20T00:13:10","modified_gmt":"2026-03-20T00:13:10","slug":"texan-seeks-execution-stay-after-codefendants-murder-confession","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us-tx\/212193\/","title":{"rendered":"Texan seeks execution stay after codefendant\u2019s murder confession"},"content":{"rendered":"<p>Audio recording is automated for accessibility. Humans wrote and edited the story. See our <a href=\"https:\/\/www.texastribune.org\/about\/ethics\/#ai-policy\" rel=\"nofollow noopener\" target=\"_blank\">AI policy<\/a>, and give us <a href=\"https:\/\/airtable.com\/appFeleeKVUN0Iytx\/pagPG40gbkU0EfjIr\/form\" rel=\"nofollow noopener\" target=\"_blank\">feedback<\/a>.<\/p>\n<p>With 42 days until  his scheduled execution, James Broadnax filed a new appeal in his capital murder conviction on Thursday with a signed confession from his codefendant claiming he, not Broadnax, had committed the killings.<\/p>\n<p>In his confession, Demarius Cummings, Broadnax\u2019s cousin, took full responsibility for the planned robbery and deadly shooting of music producers Stephen Swan, 26, and Matthew Butler, 28, in 2008. Cummings\u2019 statement said he persuaded Broadnax, then 19, to publicly claim he committed the killings because he had no criminal history, while Cummings had already been convicted of other crimes. <\/p>\n<p>Cummings said his decision to confess to the killings was influenced by Broadnax\u2019s looming execution date, which is scheduled for April 30 at 6 p.m., and his becoming \u201cmore spiritual.\u201d<\/p>\n<p>\u201cI 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,\u201d Cummings wrote in his confession.<\/p>\n<p>Cummings is currently serving a life sentence for his part in the double capital murder the two were convicted of in 2009. His confession was first <a href=\"https:\/\/www.dallasnews.com\/news\/courts\/2026\/03\/19\/month-out-from-dallas-county-mans-execution-another-man-has-confessed-to-2008-shooting\/\" rel=\"nofollow noopener\" target=\"_blank\">reported<\/a> by the Dallas Morning News on Thursday morning.<\/p>\n<p>The confession was included in Broadnax\u2019s new appeal claiming the state presented no evidence during trial that Broadnax had shot the two other than statements he made to the media, and that DNA evidence on the murder weapon had always indicated Cummings had fired the weapon. The appeal asks the court to stay Broadnax\u2019s execution, remand his conviction back to trial court and ultimately to strike his death sentence.<\/p>\n<p>The appeal was filed in Dallas County and with the Texas Court of Criminal Appeals. The Dallas County District Attorney\u2019s Office did not respond to an immediate request for comment about the appeal.<\/p>\n<p>Thursday\u2019s filing also reiterated similar claims that previous appeals from Broadnax assert \u2014 one of which is awaiting action by the Supreme Court \u2014 that prosecutors used \u201cracially insinuating inferences\u201d and misrepresented rap lyrics Broadnax wrote to secure his conviction. Last week, several nationally recognized rappers including Houston artist Travis Scott filed amicus briefs with the Supreme Court in a separate appeal from Broadnax, arguing the inclusion of lyrics Broadnax wrote depicting violence was erroneous and racially charged.<\/p>\n<p>Under Texas\u2019 law of parties, defendants can still be sentenced to death if they helped commit a crime in which a capital murder occurred, even if they did not kill anyone themselves. But prosecutors explicitly declined to use that law in Broadnax\u2019s case, and the appeal claims that it would have been unlikely for it to have applied to Broadnax if the confession had been available.<\/p>\n<p>Cummings was charged under the law of parties, but the state chose not to seek the death penalty.<\/p>\n<p>If his appeal is successful and Broadnax\u2019s execution is stayed, it would be the third stay granted in Texas by the court in just over a year. Last March, David Wood\u2019s execution was stayed by the CCA before his case was <a href=\"https:\/\/www.texastribune.org\/2025\/07\/30\/texas-death-penalty-case-remanded-david-leonard-wood\/\" rel=\"nofollow noopener\" target=\"_blank\">remanded<\/a> back to trial court in July. Robert Roberson\u2019s execution, which had been opposed vehemently by several members of the state Legislature, was also <a href=\"https:\/\/www.texastribune.org\/2025\/10\/09\/robert-roberson-execution-blocked-texas-court-of-criminal-appeals-death-row\/\" rel=\"nofollow noopener\" target=\"_blank\">stayed<\/a> for a second time in October following an appeal with new <a href=\"https:\/\/www.texastribune.org\/2025\/08\/20\/robert-roberson-texas-death-row-new-trial-petition\/\" rel=\"nofollow noopener\" target=\"_blank\">evidence<\/a> found with the assistance of state Rep. <a href=\"https:\/\/directory.texastribune.org\/lacey-hull\/\" rel=\"nofollow noopener\" target=\"_blank\">Lacey Hull<\/a>, R-Houston.<\/p>\n<p>If his appeal is rejected and the execution proceeds as scheduled, Broadnax 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.<\/p>\n","protected":false},"excerpt":{"rendered":"Audio recording is automated for accessibility. Humans wrote and edited the story. See our AI policy, and give&hellip;\n","protected":false},"author":2,"featured_media":212194,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[6],"tags":[2315,27,2317,2316,29,28,6748],"class_list":["post-212193","post","type-post","status-publish","format-standard","has-post-thumbnail","category-texas","tag-death-penalty","tag-texas","tag-texas-court-of-criminal-appeals","tag-texas-death-row","tag-texas-headlines","tag-texas-news","tag-well-b-homepage"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/posts\/212193","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/comments?post=212193"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/posts\/212193\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/media\/212194"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/media?parent=212193"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/categories?post=212193"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us-tx\/wp-json\/wp\/v2\/tags?post=212193"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}