Daniel Penny’s manslaughter charge has been dismissed after the jury was unable to reach a unanimous decision after four days of deliberations.

The New York jury sent a note on Friday notifying the judge that it was unable to reach a unanimous decision on the second-degree manslaughter charge. This is the first of two charges against him, the second being criminally negligent homicide. The jurors were instructed that they had to reach a decision on the first charge before moving on to the second.