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.
Texas
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by Major League Baseball.
The Rangers’ season opener on March 25
Texas
NTSB Confirms Texas Tesla Had 100% Floored Accelerator Pedal During Fatal Crash
In an incident that was horrific beyond words, late last month, a stunned family watched in horror as a car plowed into the Katy, Texas home of a 76-year-old mother and grandmother, killing her. The driver has been charged with manslaughter.
In the aftermath of the crash, it emerged that the car in question was a Tesla, and that the driver was making use of full self-driving mode (FSD) around the time the crash occurred. The victim’s family has named Tesla and the driver as defendants in a lawsuit. But per Electrek, Tesla was able to view crash data very quickly after the incident, and the head of AI at the company, Ashok Elluswamy, said the driver “manually overrode self-driving by pressing the accelerator all the way to 100% of the accel pedal in this residential area.”
In the days after the crash, Tesla fans took issue with coverage that characterized the car as in FSD when the crash occurred. CEO Elon Musk seemed to agree, replying to a post, “Yes, this makes no sense. FSD drives slowly through neighborhood streets and this was a high speed crash!”
But Musk seems to be assuming bad faith, as if coverage implied FSD had suddenly shifted into, perhaps, some kind of previously unannounced homicidal maniac mode and attacked a house. If anyone was saying this is what happened, they should apologize. It’s clearly not what happened.
And on Wednesday, the National Transportation Safety Board (NTSB) largely confirmed Tesla’s version of events. Their report reads, in part:
“Electronic data recovered from the vehicle indicated that before the crash, the driver manually overrode FSD (Supervised) by pressing the accelerator pedal to 100%, and the vehicle’s speed was greater than 70 mph when the crash occurred.”
But cooler heads had noted weeks earlier that, like with good old fashioned cruise control, accelerating doesn’t boot you from FSD. The car takes the input, and stays in FSD. The question isn’t one of mechanics and technology, but one of philosophy: if FSD is meant to be “driving” when someone jams on the accelerator in a residential area, FSD may not be the “driver” in one important sense, but the car was still in FSD mode.
Because as much as Tesla would probably like FSD to be a total non-factor in the incident, that may not be the case either.
ABC News noted that, according to court documents, the driver claimed he “passed out” with the car in FSD on the highway, and that’s the last thing he remembers before the crash. He says he wasn’t sick, and medical records show no seizures, cardiac episodes, drugs, or alcohol.
A local Fox affiliate says records show the car was making deliveries for DoorDash while in FSD in the “hours and minutes leading up to the crash.” While in a neighborhood, it apparently signaled it was going to turn left onto one street, but instead the pedal went to the metal. This took the Tesla onto the victim’s cul-de-sac instead, and put it on its fateful collision course with her house.
To make matters weirder, other court records now show, per Electrek, that the driver had Googled the terms, “Tesla fsd not aggressive enough 2026,” “FSD is not aggressive enough for city driving,” and “Tesla fsd too timid.” That’s the kind of thing you Google when you’re looking for a Reddit post from someone sharing your consumer gripe.
In any case, the odds aren’t good that the driver wanted this to happen, nor that Tesla programmed its cars with evil intent. But FSD was being used around the time of this unusual fatal incident, and the public deserves to know more. Fortunately, a lot more will come out as the lawsuit progresses.
Texas
Texas AG secures 23andMe bankruptcy settlement after 2023 data breach
AUSTIN – Texas Attorney General Ken Paxton said Wednesday he has secured a settlement of bankruptcy claims against genetic testing company 23andMe stemming from a 2023 data breach that exposed personal information, including some genetic ancestry data, of 6.9 million customers worldwide.
Paxton’s office said the settlement includes $150 million for a multistate coalition of 42 states. But because of limited funds in 23andMe’s bankruptcy estate and competing claims, the states’ recovery will be $18 million paid immediately, with Texas receiving $1,266,860.
23andMe disclosed in October 2023 that attackers had accessed accounts affecting 6.9 million consumers. Some of the information was later posted for sale on the dark web, according to Paxton’s office, which said the company learned of the breach months after the data became publicly available. The office said 23andMe initially denied a breach and later blamed consumers’ account settings and password practices.
Paxton joined a multistate investigation that concluded 23andMe used unreasonable security practices and failed to implement adequate safeguards against hacking, the office said.
23andMe filed for bankruptcy protection in March 2025. Paxton’s office said the settlement incorporates privacy and cybersecurity requirements, including enhanced security standards, comprehensive risk assessments and creation of an independent advisory board, along with enforcement of state privacy laws and continued consumer data deletion rights.
“Companies that collect and profit from Texans’ most personal information have a legal duty to protect it,” Paxton said in a statement.
The company also agreed to a $46.75 million class-action settlement in the bankruptcy case for affected U.S. consumers who submitted claims by Feb. 17, 2026, Paxton’s office said.
Copyright 2026 by KPRC Click2Houston – All rights reserved.
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