Attorneys for a North Texas death row inmate say a newly obtained confession from his cousin could prove he is not the gunman in a 2008 double murder — and are now demanding a new trial. James Broadnax is scheduled to be executed by lethal injection on April 30 for the killings of Christian mus ic producers Stephen Swan and Matthew Butler in Garland. His attorneys point to a recent written confession from Demarius Cummings, who is already serving a life sentence for the same murders. In that statement, Cummings claims he — not Broadnax — pulled the trigger. “I was the one who shot the two victims, not James,” Cummings wrote in a statement. Cummings and Broadnax were both convicted in the 2008 shooting deaths. In a petition filed Wednesday with the Texas Court of Criminal Appeals, Cummings said he decided to come forward after learning of his cousin’s impending execution. “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,” said Cummings. Broadnax’s legal team argues the confession aligns with evidence presented at trial and raises serious doubts about who carried out the killings. Sheri Johnson, a law professor at Cornell Law School and consultant on the case, said the new statement is consistent with forensic findings. “That declaration actually matches with the forensic evidence that was presented at trial,” said Johnson. Johnson also said the confession should be tested in court. “Well, I mean, I think one possibility is, of course, to hear him as a witness,” Johnson said. In addition to the confession, Johnson said there are concerns about how the original trial was conducted. She pointed to alleged violations involving prosecutors excluding jurors based on race and using rap lyrics written by Broadnax to portray him as violent. “They thought that that would contribute to picturing Mr. Broadnax as a violent person and maybe even as a psychopath,” said Johnson. Questions have also been raised about whether Cummings’ admission could change the outcome of the case, given that he is already serving a life sentence. “That’s not possible, so to be direct. So Mr. Cummings has already been sentenced to life,” Johnson said. “The only question is whether it’s right to execute Mr. Broadnax when there is at the very least a huge amount of doubt that he was the shooter.” In a statement, the Dallas County District Attorney’s Office told NBC 5, “Our office will do its due diligence and respond to the motion.” NBC 5 has not been able to reach the victims’ families. At the time of Broadnax’s trial, they supported the death penalty. This story was originally reported for broadcast by NBC DFW. AI tools helped convert the story into a digital article, and an NBC DFW journalist edited it again before publication. ...read more read less