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Texas Death Row Case Upended by Co-Defendant’s Sworn Confession Ahead of April 30 Execution

An emergency bid asks the state’s top criminal court to halt the execution based on the new statement.

Overview

  • Demarius Cummings, already serving life for the 2008 Garland murders, signed a declaration saying he—not cousin James Broadnax—fired the shots that killed Stephen Swan and Matthew Butler.
  • Broadnax’s lawyers filed new post-conviction petitions in Dallas County and with the Texas Court of Criminal Appeals seeking a stay, a new trial, or a new sentencing hearing.
  • The filing argues trial proof of Broadnax as the shooter rested on his own media remarks while DNA on the pistol pointed to Cummings, and prosecutors did not pursue the Texas “law of parties” theory against Broadnax.
  • Defense submissions also press claims that Black jurors were improperly struck and that prosecutors misused Broadnax’s rap lyrics, with a related Supreme Court appeal drawing support from artists including Travis Scott.
  • The Dallas County District Attorney’s Office says it will review and respond to the filings as Broadnax remains scheduled for lethal injection on April 30.