KANSAS CITY, Mo. — The Johnson County District Attorney's Office filed a motion Tuesday asking a judge to dismiss three counts of aggravated sexual battery against Jackson Mahomes, the younger brother of Chiefs quarterback Patrick Mahomes.
The motion stated the victim in the case has avoided being served with a subpoena to appear in court.
"The State is not seeking a continuance to continue to serve when she has made her lack of cooperation abundantly clear," according to the prosecution's motion.
The victim signed an affidavit in late November 2023 in which she stated she "never contacted law enforcement when the alleged acts occurred."
"I do not want to cooperate with the State in prosecuting the matter and wish the matter to be dismissed as to anything involving me," the affidavit stated.
She also stated in the affidavit she would invoke her Fifth Amendment privilege and would "not cooperate with the State of Kansas in prosecuting the matter before the court."
Prosecutors charged Mahomes after an alleged incident Feb. 25, 2023, at an Overland Park restaurant.
Mahomes also is accused of misdemeanor battery for an interaction with another person at the business.
A preliminary hearing in the case was set for Wednesday in Johnson County District Court.
The motion from the DA's office also requests the judge arraign Mahomes Wednesday on the misdemeanor battery charge.
The hearing is set for 1:30 p.m.
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