The soldiers therefore came and broke the legs of the first man who had been crucified with Jesus, and then those of the other.
From this verse we are able to discern that Pilate gave into their request and gave the order for the legs to be broken. We also know that both the thieves were still alive since it was necessary to go through with the grisly deed. One of the thieves had repented (Luke 23:39-43) and was promised to be with Jesus in Paradise, and yet both went through this horrible death.
Luke 23:39-43 One of the criminals who hung there hurled insults at him: “Aren’t you the Christ? Save yourself and us!” But the other criminal rebuked him. “Don’t you fear God,” he said, “since you are under the same sentence? We are punished justly, for we are getting what our deeds deserve. But this man has done nothing wrong.” Then he said, “Jesus, remember me when you come into your kingdom.” Jesus answered him, “I tell you the truth, today you will be with me in paradise.”