The only crime in this case is that this hero is being prosecuted. In a world of Floyds, we need more Pennys.

A judge granted a motion from Manhattan prosecutors to dismiss the more serious charge of second-degree manslaughter against Daniel Penny on Friday in his trial over the chokehold death of Jordan Neely on a New York City subway last year.

The ruling clears the way for the jury to consider a remaining lesser charge of criminally negligent homicide. It came after a Manhattan jury said they were deadlocked twice on the manslaughter charge and Penny’s defense attorneys renewed their motion for a mistrial.

Over defense objections, Judge Maxwell Wiley agreed with prosecutors, who argued that dismissing the first count of second-degree manslaughter eliminates the defense’s concern about a compromise verdict.