Decades after two African American men were acquitted of the murder of a Sussex County police officer but still sentenced to life in prison, and after years of efforts to clear their names, Terence J. Richardson and Ferrone Claiborne are set to be released in the near future.

The two were among nearly 2,500 people who were pardoned by former President Biden for convictions from nonviolent drug offenses last week, commuting their sentences in the final days of his term. In the time since, Richardson, Claiborne and their families have begun to adjust to the new future ahead of them. 

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“They’re doing well,” said Attorney Jarrett Adams, who has represented Richardson and Claiborne for years. “They’re excited, anxious, nervous, all of those things. They’re doing good. They’re being processed out of the prison and will be home soon.”

In 1998, Richardson and Claiborne were arrested and charged with the murder of Waverly Officer Allen Gibson. Richardson and Claiborne pleaded guilty to involuntary manslaughter and a misdemeanor charge as an accessory, respectively, at the recommendation of their attorney and in an attempt to avoid the death penalty.

Following an initial sentencing by a state court in 1998, a federal trial in 2001 saw the two found not guilty of the murder by a jury but given life sentences for related drug charges.

Richardson and Claiborne, who have maintained their innocence over the years, renewed their attempt to clear their names decades later with help from Adams, who began working with them through his legal nonprofit Life After Justice.

An investigation by Adams in 2018 found evidence that could have proven their innocence but wasn’t brought forth during their initial trial. Richardson, Claiborne and Adams’ work to prove their innocence and be released from their sentences have included innocence petitions, legal proceedings in the Virginia Court of Appeals and state Supreme Court and clemency petitions submitted to multiple presidential administrations.

The endeavor has gathered a number of supporters, including former Attorney General Mark Herring, who backed Richardson’s writ of actual innocence in 2021 following an investigation by his office. That position was reversed in 2022 by Attorney General Jason Miyares.

Prosecutors with the AG’s office have continued to defend the sentencing and challenge the legal efforts to see the two released in various court hearings and appointments in the years since.

Richardson and Claiborne were not the only Virginians to receive a pardon from the outgoing president. Criminal justice advocate Kemba Smith Pradia received a pardon for her sentence to 24 years in federal prison for conspiracy drug charges. House Speaker Don Scott also received a presidential pardon Sunday for a drug conviction in 1994 that led to years in prison.

“My journey — from being arrested as a law student to standing here today as the first Black Speaker of the House of Delegates in Virginia’s 405-year history — is a testament to the resilience of the human spirit and the transformative power of second chances,” Scott said in a statement following the pardon. 

Gov. Glenn Youngkin made a similar point in a provided statement, describing Scott’s “journey of faith and family, his determination to reshape his future, and his success in absolutely doing just that” as an inspiration for all.

Youngkin slammed the choice to commute Richardson and Claiborne’s sentences, however, calling it “a grim day for justice and for the families who trust that our system will hold the guilty accountable” in a press release. Miyares shared similar concerns in his own press release.

Adams criticized the statements as drawing attention away from a proper investigation of Gibson’s murder and making the re-entry process more difficult for Richardson and Claiborne.

“It’s going to be something that is going to be emotional for these guys, coming home,” Adams said, “and it’s going to be that much harder for them to successfully reintegrate back into society if government officials are playing politics and making baseless accusations, but with no evidence to support it.”

According to Adams, they are awaiting a decision from the Court of Appeals of Virginia after a two-day evidentiary hearing for Richardson in Sussex County last year, during which a judge allowed new evidence to be admitted to his innocence petition case.

Adams said that securing their innocence will be vital to ensuring Richardson and Claiborne are able to rebuild their lives.

“They currently have a murder of a cop on their records in state court,” Adams said. “How can they ever get employment like that? So it has to come off, it needs to come off for the very simple fact that they didn’t do it.”