Texas
Rap music on trial: Upcoming Texas execution stirs national debate
Rap music has been used against criminal defendants since the genre took hold in the 1980s and its use has only increased in recent years. Some states are trying to limit the practice.
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An upcoming execution in Texas has gained the attention of prominent rappers like Travis Scott and T.I. for the questions it raises about the place rap lyrics have in the courtroom and how justice is meted out to Black defendants.
James Broadnax, 37, is set to be executed by lethal injection on Thursday, April 30, for the 2008 double murder of Stephen Swan and Matthew Butler, two producers of Christian music killed during a robbery outside their studio in the Dallas suburb of Garland.
Broadnax’s case is gaining national attention for what his attorneys say was an unfair trial that saw prosecutors eliminate almost every potential Black juror and use Broadnax’s own rap lyrics against him. The result, defense attorneys argue in a recent U.S. Supreme Court filing, transformed Broadnax’s “artistic expression into a death warrant.”
In a friend-of-the-court brief filed in the Supreme Court last month, rapper Travis Scott argues that rap music has been increasingly used as evidence against defendants “in a manner that exploits and perpetuates stereotypes.”
“Because rap lyrics are art, they are not literal,” the brief said. “And introduction of rap lyrics as evidence against criminal defendants invites jurors to transfer their opinions about the genre onto the individual before them, risking punishment for expression unrelated to the crime at issue.”
Rapper Killer Mike echoed those thoughts in a similar brief filed in the case. Other powerful people in the entertainment industry who joined in that filing include rappers Young Thug and Fat Joe, record executive Kevin Liles, and actor/comedian Anthony Anderson.
Texas prosecutors are defending both Broadnax’s prosecution and the use of his rap lyrics to show jurors his “cold, flippant attitude toward the murders and the judicial process.”
“The State saved the jailhouse lyric, written while Broadnax was awaiting trial, for the punishment phase − to demonstrate to the jury Broadnax’s outrageous and extreme lack of empathy, regret, remorse, and accountability,” prosecutors say.
Here’s what you need to know about the case, Broadnax’s chances at a reprieve from execution, and how the victims’ family members feel about the issues being raised.
What was James Broadnax convicted of?
On June 19, 2008, a bicyclist came upon the bodies of 26-year-old Stephen Swan and 28-year-old Matthew Butler outside of their recording studio in Garland Texas just before 1 a.m., court records say.
Later that day, court records say that Broadnax and his cousin, Demarius Cummings, went to a family member’s home in Swan’s car, and that Broadnax displayed Swan’s driver’s license and bragged that he “hit a lick,” or committed a robbery. The two cousins left in the car, and a family friend soon after called the police when she saw news reports about the double murder.
Police pulled Broadnax over later that night in Swan’s car 150 miles away in Texarcana and arrested him. After police returned Broadnax to Dallas, he confessed to the murders in multiple interviews with members of the news media, court records say.
During the interviews, Broadnax told reporters that he and Cummings had driven to Garland looking for someone to rob and that he alone killed Swan and Butler.
Prosecutors leaned heavily on the confessions during trial but the sentencing phase focused more on rap lyrics that Broadnax had written in his notebooks. The lyrics, which included “I hit the lick, but the reason I got caught cuz the (expletive) snitching,” showed that Broadnax was a dangerous person and was likely to commit more violence unless he was executed, prosecutors told jurors.
Court records say that jurors asked to see the rap lyrics twice during deliberations over Broadnax’s punishment and delivered their verdict the same day. They gave him the death penalty.
Meanwhile Broadnax’s cousin recently came forward to say that he was actually the triggerman that night. Cummings said the only reason Broadnax confessed was because he didn’t have a significant criminal record and the cousins thought that he’d be treated with more leniency. Cummings is serving life in prison without parole.
On trial: The use of rap lyrics
The heart of Broadnax’s arguments for a reprieve center on the rap lyrics used against him during the penalty phase.
His attorneys and the entertainers who wrote to the Supreme Court argue that such lyrics are protected free speech and have nothing to do with the crime committed. The way they were presented to a nearly all-white jury, they say, was prejudicial because rap music “often invokes negative racial stereotypes about Black men among jurors and judges.”
Dallas County prosecutors called Broadnax’s claims over the rap lyrics “meritless and not worthy of this court’s attention” in a recent filing.
“The rap lyrics in his journals are relevant and admissible to show not only his gang affiliation or interest, but also that themes of lawlessness, violence, and drugs − whether fictional or not − occupied his time and thoughts,” they wrote. “If Johnny Cash had ever been on trial for murder, particularly if the murder was alleged to have occurred in Reno, no doubt his ‘Folsom Prison Blues’ lyrics (‘I shot a man in Reno, just to watch him die’) would have been admissible during the punishment phase of his trial.”
Rap music has been used against criminal defendants since the genre took hold in the 1980s and its use has only increased in recent years, experts say. Some states including California, Maryland and Louisiana have passed laws to limit its use.
Among recent trials where rap lyrics factored in: Rapper Young Thug’s 2023 trial on RICO charges (he pleaded guilty), rapper Drakeo the Ruler’s 2019 murder trial (he was acquitted), rapper Tay-K’s 2025 murder trial (he was sentenced to 80 years), and rapper Lil Durk’s upcoming trial on murder-for-hire charges (he has pleaded not guilty).
“These high-profile cases have brought attention to the risk that rap lyrics will be used as evidence of criminality or to enhance a criminal defendant’s sentence,” argues rapper Travis Scott’s filing with the Supreme Court. “Unsurprisingly, this risk chills rap artists’ speech.”
What do the victim family members say?
Lost in much of the coverage of Broadnax’s execution are the victims in the case: Stephen Swan and Matthew Butler. Their families both have expressed steadfast support of Broadnax’s execution.
“I can not believe that this evil, heartless killer is still alive,” Matthew’s mom, Theresa Butler, wrote in 2016 about her son, who was a 28-year-old married father of two when he was killed. “My son and Steve had no choice about whether to live or die that night … This killer should never have the choice to live after what he did to them.”
Last month, she called Broadnax’s most recent arguments a “hail Mary pass.” She previously called Swan and her son “two wonderful Christian, hard-working young men.”
“Matthew would have given them a ride home since the train and buses stopped running in Garland. He would have paid for an Uber for them to get home,” she said. “He would have done anything to stay alive and enjoy a wonderful life with his wife and two babies. And, his whole family. He loved us all so.”
Swan’s sister, Deborah Burkhardt, sought an execution date to be set for Broadnax last year and wrote in a court filing that “every piece of worthless litigation filed by the defense is another insult and another injury to us,” according to NPR for North Texas.
She added: “There is no end to what they will come up with, or try to put a new spin on.”
What ways could James Broadnax win a reprieve?
Broadnax’s attorneys have cast a wide net of possibilities to stop his April 30 execution.
They have multiple appeals sitting in the Supreme Court, the Texas Board of Pardons and Paroles is considering the case, and Broadnax’s attorneys are also planning to bring his claims to the governor.
USA TODAY will be closely following the case and covering the execution should it move forward.
Amanda Lee Myers is a senior crime reporter who covers the death penalty, cold case investigations and breaking news for USA TODAY. Follow her on X at @amandaleeusat.
The NHL took the first step toward expansion in Texas earlier this week, agreeing to terms with billionaire Dan Friedkin and his family to explore the feasibility of putting a franchise in Houston or Austin.
Far enough from the Dallas Stars, who relocated from Minnesota in 1993, a new team would not interfere with their territorial rights. And the league has shown no fear of adding one team at a time, so No. 33 does not have to come with No. 34.
“Symmetry I don’t think should necessarily govern expansion,” Commissioner Gary Bettman said Tuesday. “You expand if you think it makes sense and enhances what the league has.”
What is behind the NHL’s interest in Texas
Money is the obvious answer. Bettman said the total investment of the project would be some $3.5 billion, which would include expansion fees paid to established owners along with the cost of building a new arena.
The Houston Rockets’ arena downtown is publicly owned but controlled by team owner Tilman Fertitta’s Clutch City Sports and Entertainment group. The home of the American Hockey League’s Texas Stars, in the Austin suburb of Cedar Park, has a capacity of 8,000 that is a little over half the size of the NHL’s smallest current rink (Winnipeg).
“I would be surprised if the NHL would be OK with an expansion team that does not have a new arena,” said Brian Mills, an associate professor at the University of Texas who teaches courses on sports economics and strategy. “The revenue potential with the luxury boxes and the way that they set those up and the money that they like to extract from the local cities is way too large to pass up.”
They are also huge markets. Houston at nearly 2.4 million is the fourth-most-populated U.S. city; Austin at just over 1 million is in the top 12.
“Obviously it makes sense if you’re a sports league to have a franchise in the nation’s fifth-largest metro area and one that is growing rapidly,” said Holy Cross professor Victor Matheson, an expert in sports economics. “Houston obviously makes sense in general as a destination for any league.”
Austin is smaller but has doubled its population since the mid-1990s and has seen an infusion of people over the past five years. Only eight of the NHL’s existing markets are bigger.
“It’s becoming more and more of a tech city, so I wouldn’t be surprised if there’s more hockey fans here than there used to be,” Mills said. “I would imagine there’s some market for the NHL here in Austin, particularly more than when it was a sleepy, small town capital of Texas 30 years ago.”
History of hockey in Houston and Austin
When hockey was picking up in popularity in the 1960s and ‘70s and the NHL went from six teams to 18, the rival World Hockey Association was founded and Houston got a franchise when the one in Dayton, Ohio, failed to get off the ground.
The Aeros’ inaugural season was in 1972-78, and they were best known for “Mr. Hockey” Gordie Howe playing for them along with sons Mark and Marty. They won four Avco World Trophies as WHA champions before folding.
An AHL team using the same name existed in Houston from 1994-2013. The Texas Stars have played in Austin since ’09.
“There’s some interest of hockey,” University of Houston economics professor Steven G. Craig said. “Houston is full of immigrants from around the country and around the world. And Austin is sort of similar in the sense of a pretty heterogeneous population.”
Pros and cons of a Houston or Austin NHL franchise
Growing the sport in another so-called non-traditional spot is a big benefit. Smashing successes in places like Las Vegas and Tampa, Florida, show what hockey can do across the Sun Belt when strong ownership is involved.
“Southern cities have been doing pretty well now these days in the NHL: the Lightning and the Panthers,” Mills said of the two teams in Florida. “You’ve got some pretty good hockey teams after some pretty miserable failures with some earlier expansion to the South.”
Abandoning the second try in Atlanta (the Thrashers from 2000-11) was more a failure of ownership than the market. The same could be said in Arizona, where a revolving door of owners led to arena miscues and eventually the Coyotes being sold and moved to Salt Lake City in 2024 to become the Utah Mammoth.
A 33rd team also means 20-23 more NHL players and hopefuls in the minors. The changing landscape of hockey development at the junior and college levels has the potential to churn more talent through the pipeline in North America than ever before, along with players coming from Europe.
“You do have a pretty big pool of players,” Matheson said. “I’m not particularly worried about diluting the talent there because I think there’s a lot of skill.”
What’s next and where the 34th team may be
After this six-month exploratory phase is complete, recent history suggests a season-ticket drive would be one of the subsequent steps. Ticket drives validated interest that led to the Vegas Golden Knights and Seattle Kraken.
The Board of Governors would need to approve moving forward in the process. No vote has yet been held, though the executive committee supported exploring Houston and Austin.
And while the NHL is comfortable with unbalanced Eastern and Western conferences, getting to 34 teams seems inevitable if it goes to 33. Bettman said the board on Tuesday was updated on situations in Atlanta and Arizona, and it would be no surprise if one of those places got another crack at it.
ere’s everything you need to know about one of the most recognizable trophies in North American sports — The Stanley Cup.
This coverage is made possible through Votebeat, a nonpartisan news organization covering local election administration and voting access. Sign up for Votebeat Texas’ free newsletters here.
Texas lawmakers on Tuesday asked the Texas Secretary of State’s Office for assurances that issues with the state’s voter registration and election management system would be fixed before the November midterm election.
“Those fixes have to be done, because if we go into a November election and we don’t, we can’t claim that we have integrity in the voter roll,” said state Sen. Paul Bettencourt, a Republican from Harris County, during a Senate State Affairs Committee hearing that addressed voter registration and voter list maintenance issues.
Bettencourt said he’s heard complaints about the system, known as TEAM, from election officials in Travis, Austin, and Jackson counties, among others.
Christina Adkins, the elections division director at the secretary of state’s office, said the agency is “dedicating every possible resource that we have within our office to resolving these issues.”
“There is nothing more important in our office than this project,” Adkins said.
TEAM was redesigned and redeveloped by the state and relaunched last summer. Election officials say they have struggled with it since then, and though some functionality issues have been resolved, others continue to come up.
For example, election officials have reported that processes such as voter registration status lookups and precinct assignments frequently don’t work properly. In addition, the system often malfunctions when attempting to produce reports of registered voters and voters who have requested a mail ballot, forcing some election officials to produce their own spreadsheets to keep track.
The problems, election officials say, have added financial and staffing strains on counties already strapped for resources.
The system was developed by Civix, a Louisiana-based vendor. The majority of the state’s 254 counties rely on TEAM to plan elections and maintain their voter rolls. Even counties that instead use software from a state-approved private vendor to manage their voter rolls are required by state law to sync their data with TEAM daily, and are required to use TEAM to verify a voter’s identity and their eligibility to cast a ballot.
Groups representing election officials across Texas have asked the agency to halt the TEAM update rollout and address issues that they said “directly impact key parts of the election and jury process.” The groups first outlined their complaints in a letter to Texas Secretary of State Jane Nelson in October, and sent another one in February.
Earlier this month, Nelson announced she’d be stepping down as of July 17. Gov. Greg Abbott has yet to appoint her successor.
Secretary of state, vendor working together on fixes
According to public records, the state’s contract with Civix is for $17 million. The secretary of state’s office told Votebeat last year that the money for it came from a mix of state dollars and federal funds allocated under the 2002 Help America Vote Act, earmarked for improving election administration.
Bettencourt raised questions about Civix’s work during the hearing. “When I get half a dozen counties with their hair on fire, and some counties are small, and some of them are big, that means that the vendor is behind on actually delivering fixes to the system,” Bettencourt said.
He directly asked Adkins whether Civix was up for the task. “Yes, sir,” she responded, adding her office is working with the vendor on fixes. Civix did not immediately respond to a request for comment.
Civix, Adkins said, also manages voter registration systems for other states, including Louisiana and Iowa, but Texas is the vendor’s biggest election management and voter registration software customer.
The Texas Secretary of State’s Office has said it anticipated technical issues with this “once-in-a-decade upgrade,” though it pointed to some unexpected challenges that have exacerbated the issues.
The agency specified that it didn’t anticipate the updated system having to handle significant amounts of data from large counties that abruptly stopped using a vendor that had financial problems. It also noted that redrawn boundaries following last year’s unexpected midcycle redistricting created additional complications that prevented counties from mailing out voter registration certificates on time.
Disclosure: Texas Secretary of State has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.
Natalia Contreras is a reporter for Votebeat in partnership with the Texas Tribune. She is based in Corpus Christi. Contact Natalia at ncontreras@votebeat.org.
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