17 years after Garland double murder, new court petition claims "confessed" killer James Broadnax is innocent
It was a shocking and grief-filled act of violence, made more tragic by the public admission of murder by teenagers. A small business operator and his friend were gunned down while relaxing outside a downtown Garland recording studio.
Seventeen years later, the slated execution of one of the confessed killers is under review, because the claims of admission have changed.
Suspects confess to CBS News Texas reporter
Demarius Cummings, 19, confessed to CBS News Texas anchor reporter Steve Pickett about his role in the murders of Matt Butler and Steve Swan in June of 2008.
"They say I'm looking at the death penalty, and I didn't kill nobody, and I want them to know I didn't kill nobody," Cummings said during a on-camera interview with Pickett while being held in the Dallas County Jail on murder charges.
Cummings admitted to conspiring with his cousin James Broadnax to rob someone. Cummings was convicted of murder and is serving a life sentence with no possibility for parole.
Broadnax confessed to killing the men during a separate profanity-laced interview with Pickett, detailing how he shot both men multiple times.
"I don't think I got a conscience," he said.
Broadnax was sentenced to death after a jury convicted him of murder. He is scheduled for execution in April.
Cummings now claims to be the lone shooter
But last week, attorneys for Broadnax filed a petition with the Texas Criminal Court of Appeals. In the claim, lawyers submitted a declaration from Cummings, saying he was the shooter of Butler and Swan.
"It was my idea to Rob, Mr. Swan and Mr. Butler, and I obtained the pistol we took with us that evening, and which was used to shoot the victims. I persuaded James to take the blame for shooting the two victims. In fact, I was the one who shot the two victims, not James," Cummings submitted.
The attorneys for Broadnax are now asking the court to stop the scheduled execution.
"This new evidence fundamentally undermines the state's case for Mr. Broadnax's conviction and death sentence," the petition states.
Broadnax has been on death row since 2009. He declined an interview request. He has not made any statement regarding the new confession from his cousin.
