The jury that will decide the fate of Daniel Penny has told the judge that it cannot reach a unanimous verdict on the main charge, the Associated Press reports.

Jurors told Judge Maxwell Wiley Friday morning that they have not yet decided on Penny’s involuntary manslaughter charge, which could result in a 15-year prison sentence for Penny, according to the AP. The outlet reported that the judge presented the 12 jurors with an “Allen charge,” which asks jurors to resolve their differences and reach a unanimous verdict to avoid a mistrial.

Penny, 26, is charged with manslaughter and involuntary manslaughter in the May 2023 chokehold death of Jordan Neely on a Manhattan subway.

He pleaded not guilty to the charges. Prosecutors claim Penny used too much force against Neely for too long, while his defense team argues he acted for both himself and his fellow passengers.

The Marine veteran held Neely in a chokehold for several minutes on a northbound F train, in an interaction captured on video, after Neely, a homeless subway performer, verbally threatened other passengers, Alvin Bragg said , Manhattan District Attorney.

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Earlier this week, the jury asked to rewatch footage filmed on the train by a freelance journalist, as well as police bodycam videos and footage of Penny’s interrogation at a local precinct.

The case has become a national flashpoint for issues of vigilante justice and the treatment of the mentally ill and homeless, as well as racial politics – Penny is white, while Neely was black.

This week, Penny was hit with a new civil lawsuit from Neely’s father, Andre Zachery, who claims his son’s death was due to Penny’s “negligence, carelessness and recklessness.”