Odds are overwhelming that he'll never stand trial in state court. This is likely just a procedural move to hedge the bet. I'm sure you can read between the lines and see the strategy. Happens a lot.
But if he does wind up in state court, he definitely will not be executed.
There is no necessary connection between the desire to lead and the ability to lead, and even less the ability to lead somewhere that will be to the advantage of the led. --Bergen Evans