OLATHE, Kan. (WDAF) — Prosecutors are moving to dismiss some charges against Jackson Mahomes, the brother of Kansas City Chiefs quarterback Patrick Mahomes.

Jackson County prosecutors filed a motion Tuesday to dismiss three felony charges of aggravated sexual battery against Jackson Mahomes, 23.

A judge would still have to approve the motion.

The charges stem from an alleged incident on Feb. 25, 2023 at Aspens Restaurant and Lounge in Overland Park. The restaurant’s owner told police that Jackson Mahomes shoved one of her employees. She initially told investigators she took him to another room.

Surveillance video from inside that room allegedly shows Jackson Mahomes grabbing the owner by the neck and trying to kiss her.

Jackson Mahomes pleaded not guilty to the charges last year.

According to court documents, the victim at the center of the case plans to assert her Fifth Amendment right against self-incrimination if she’s compelled to testify.

Prosecutors said the woman said that even if she were granted immunity, she would say she has not been truthful to police and that the encounter with Jackson Mahomes was consensual.

Brandon Davies, Jackson Mahomes’ attorney, released the following statement to Nexstar’s WDAF:

“Like I said from the beginning, Jackson has done nothing wrong. We had full confidence that the truth of the matter would ultimately be revealed. The defense will reserve further comment until the remaining count is disposed of.”

If those charges are dismissed, Jackson Mahomes would only have a misdemeanor battery charge remaining.

The victim connected to the misdemeanor battery charge is not the same victim involved in the three felony charges, according to court records. So prosecutors still plan to pursue that charge.

Jackson Mahomes is scheduled to appear in Johnson County court at 1:30 p.m. Wednesday for a preliminary hearing.