In its first note of the day, the jury in Daniel Penny’s manslaughter and negligent homicide trial reported that it is “unable to come to a unanimous vote” on whether Penny committed second-degree manslaughter in the death of Jordan Neely, a homeless man, on the New York City subway.

“We the jury request instructions from Judge Wiley. At this time, we are unable to come to a unanimous vote on court one,” the note said.

Penny pleaded not guilty to manslaughter and negligent homicide charges.

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