That led Solicitor Jimmy Richardson to obtain new indictments against Council in Horry County in August which open the door to a state death penalty trial. That would allow the state to seek the death penalty against him. Richardson said prosecutors had dropped the state charges in case anything ever happened to change the outcome of the federal case, including commuting his sentence. “I don’t deserve to live.”Horry County had a second inmate have a federal death sentence commuted. Biden did leave three men on federal death row.