Saifullo Saipov, who carried out the terror attack in New York, escaped the death penalty – Reuters

The jury told the federal judge they could not reach an agreement on whether Saifullo Saipov should live or die in relation to the October 2017 attack. New York no longer has the death penalty for state crimes, and the last time a prisoner was executed was in 1963. That decision can only be made in federal court. Saipov, 35, was convicted in January of killing five Argentinian tourists, two Americans and a Belgian in an attack. He has sworn allegiance to the “Islamic State” (the group is banned in the Russian Federation). In February, the jury returned to sentencing to decide whether he should be sentenced to death or spend the rest of his life in a maximum-security prison in Florence, Colorado. He is from Central Asia, lived in New Jersey.

A unanimous verdict is required for a death sentence. The jury split means Saipova was automatically sentenced to life in prison without the possibility of parole, reports the Guardian. It was the first such federal terrorism trial since Joe Biden became president and featured moving testimony from survivors of attacks and relatives of those killed.

Donald Trump, as President of the United States, has called for Saipov's execution. Joe Biden pledged to work toward abolition of the federal death penalty during his campaign, and it hasn't been done since he took office.

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