The judge in charge of overseeing the trial of an off-duty city police officer accused of raping a Manhattan teacher accepted the jury's partial verdict Tuesday. The jurors informed the judge that they were unable to come to an agreement on Officer Michael Pena's innocence. Pena, who was off-duty and drunk at the time of the attacks, is accused of forcing a woman into an alley where he threatened her with a gun and raped her.

The jury has unanimously agreed that Pena is guilty on three accounts of criminal sexual act in the first degree and one count of a predatory sexual act, but they cannot come to an agreement on the counts of rape in the first degree, according to NY1. They have essentially acknowleged that Pena had forced the Bronx school teacher to submit to oral and anal sex, but cannot agree as to whether he should be charged for rape or not.

The 25-year-old victim wept out loud as the judge accepted the partial verdict, meaning that the jurors will be sent back for further deliberation. Pena's attorney admit that their client did attack the woman, but maintain that he did not rape her. If convicted, however, Pena could face life in prison.