Mahomes was arrested in 2023 over the alleged incident in February
Kansas prosecutors on Tuesday filed a motion to dismiss three felony aggravated sexual battery charges against Jackson Mahomes, the brother of Kansas City Chiefs star Patrick Mahomes.
A Johnson County judge will still have to approve the motion, and if it goes through, Mahomes will only have a misdemeanor charge remaining, according to FOX 4 KC.
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Jackson Mahomes on the sidelines before an NFL football game between the Philadelphia Eagles and Kansas City Chiefs on Nov 20, 2023 at GEHA Field at Arrowhead Stadium in Kansas City, Missouri. (Scott Winters/Icon Sportswire via Getty Images)
The alleged victim at the center of the case planned to assert her Fifth Amendment rights if she was compelled to testify, the station reported, citing court documents.
Prosecutors said the alleged victim would tell the court she was not truthful to authorities and the 2023 encounter with the TikTok influencer was consensual even if immunity was offered.
Prosecutors "were prepared to proceed with the case because victims recant or become uncooperative for a host of reasons and that does not mean that the original account to law enforcement was inaccurate," Assistant District Attorney Megan Ahsens wrote, according to The Kansas City Star.
However, Ahsens added that investigators tried to serve subpoenas in the case, but it has become clear that the alleged victim "is actively thwarting attempts to serve her to avoid coming to court.
"Like I said from the beginning, Jackson has done nothing wrong," Mahomes’ attorney Brandon Davies told FOX 4 KC. "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."
Jackson Mahomes, seen here on the Chiefs sidelines in January 2023. (Tammy Ljungblad/Kansas City Star/Tribune News Service via Getty Images)
The alleged victim in the felony battery case is not the same person tied to the misdemeanor battery case, according to prosecutors. Mahomes pleaded not guilty to the charges last year.
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In February, Mahomes was being investigated for allegedly shoving a waiter and forcibly kissing the female owner of an Overland Park restaurant. The owner of the restaurant, Aspen Vaughn, told The Kansas City Star that Mahomes grabbed her by the throat and forcibly kissed her at least twice.
"He forcibly kissed me out of nowhere," Vaughn said, "and I’m telling him, pushing him off saying, ‘What are you doing?’ and then he proceeded to do it two more times, where the last time I was pushing him off, and I can see on the cameras that somebody was outside the office door, and I was yelling for them to come help, because he’s big and massive."
Jason Lee, left, and Jackson Mahomes attend Michael Rubin's 2023 Fanatics Super Bowl Party at the Arizona Biltmore on Feb. 11, 2023 in Phoenix. (Rich Polk/Getty Images for Fanatics))
Brittany Mahomes, his sister-in-law, came to Jackson’s defense in April.
"They are ignorant," she said of the people who criticize Jackson. "He is a human just trying to live his life and find his way and until you walk a day in his shoes (which no one ever will) you have no right to say s--- about him."
She continued, "So it’s best to just shut up."
Ryan Gaydos is a senior editor for Fox News Digital.
