Wow, I'm really late for answering that, but still, here's my thought process :
At first, I also thought that technically nobody would die in this situation since that's still a tie. Then, when I was testing the game, I saw that the average survivor count was too high compared to the original game.
In the original game, there are 9 survivors at the end of chapter 1. However, in this simulation, with my choice of killing people when it's not a perfect tie, the average count of survivors 10, which is still higher than the original game, but closer than if I don't kill anyone.
That's why I've decided that the rule would be "not death only if there is a perfect tie". (And, in my opinion, it fits Miley's character more, with people be like "no don't kill us pls", and Miley would laugh at them and be like "ahah. No." and just proceed to kill them)
Hope that answer your complaint, and also thanks for playing this game!
(and sorry for the late reply)