When Demarius Cummings heard that his cousin, James Broadnax, was scheduled to be executed on April 30, 2026, he told lawyers his conscience could no longer bear the weight of the truth. Both men were arrested for the 2008 shooting deaths of music producers Stephen Swan and Matthew Butler, but only Broadnax was sentenced to death—a decision influenced significantly by rap lyrics he had written.
“It’s just been weighing on me,” Cummings admitted in a video shot for Broadnax’s clemency package. “James has been telling my story this whole time. I’m here to come forward and tell it how it’s supposed to be told. That it was me. That I was the killer.”
The Fight for Clemency
A diverse coalition of legal experts, filmmakers, and artists is now racing to prevent Broadnax’s execution. They argue that his trial was fundamentally flawed, citing the use of his artistic expression as evidence of a violent nature and the composition of a largely white jury. Broadnax, who was 19 at the time of the crime, had confessed to being the shooter, but his defense team maintains he was high on drugs and suffering from a history of severe trauma when he made those statements.
Broadnax’s supporters point to his growth during his nearly two decades on death row, where he has become a mentor to other inmates and a dedicated poet. His lyrics, which prosecutors once used to paint him as a “monster,” also contain themes of deep regret and redemption that were never presented to the jury.
The Role of Rap Lyrics in Court
The case has drawn national attention to the controversial practice of using rap lyrics as criminal evidence. Travis Scott, along with a group of prominent musicians including Young Thug, Fat Joe, and Killer Mike, has filed a brief in support of Broadnax. They argue that the criminalization of hip-hop lyrics infringes upon First Amendment rights and perpetuates systemic racial biases.
“This country has a rich history of executing the wrong people when they look like they are in my community,” says Killer Mike. “Why are we so frivolous with the death penalty?”
University of Richmond professor Erik Nielson, author of Rap on Trial, notes that this practice almost exclusively impacts young Black and Latino men. “Prosecutors sometimes knowingly, sometimes perhaps not, play upon and perpetuate the stereotypes that many people still have about these young men of color, and use that to secure convictions.”
A Final Legal Push
While judges have thus far denied appeals based on Cummings’ recent confession, Broadnax’s legal team continues to push for a stay of execution. The Supreme Court is currently reviewing filings related to jury selection and the use of lyrics. Meanwhile, the families of the victims, Stephen Swan and Matthew Butler, remain steadfast in their belief that the original verdict was correct, viewing the new confession as a desperate attempt to delay justice.
As the April 30 date approaches, Broadnax remains on death row, continuing to write poetry that stands in stark contrast to the lyrics once used to condemn him. Whether the legal system will consider this new evidence remains to be seen, but for his supporters, the fight is about more than one man—it is about the integrity of the justice system itself.