OLATHE, Kan. (WDAF) — A Kansas judge has approved a motion by prosecutors to dismiss multiple charges against Jackson Mahomes, brother to Kansas City Chiefs quarterback Patrick Mahomes, but the 23-year-old could still be heading to trial.

On Tuesday, prosecutors filed a motion in Johnson County to dismiss three felony charges of aggravated sexual battery against Jackson Mahomes. But he still has one remaining misdemeanor charge, which could go to trial.

The younger Mahomes appeared in Johnson County court Wednesday for a preliminary hearing during which the judge ruled in favor of the motion.

Court documents say the victim at the center of the case planned to assert her Fifth Amendment right against self-incrimination if she were compelled to testify. Prosecutors said that the woman – even if she were granted immunity – would say she has not been truthful to police and the encounter with Mahomes was consensual.

At Wednesday’s hearing, however, prosecutors argued just because the witness won’t testify doesn’t mean it didn’t happen.

On Tuesday, Brandon Davies, 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.”

The charges stem from an alleged incident on Feb. 25, 2023, at Aspens Restaurant and Lounge in Overland Park.

The restaurant 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 shows Mahomes grabbing the owner by the neck and trying to kiss her, court records say.

Mahomes pleaded not guilty to the charges last year.

Now that those three felony charges are removed, Mahomes only has a misdemeanor battery charge remaining.

The victim in the misdemeanor charge is not the same victim involved in the three felony counts, according to court records; therefore, prosecutors still plan to pursue that charge.

At Wednesday’s court appearance, Jackson Mahomes’ attorney said they will not seek diversion for the misdemeanor. Instead, they are requesting the case go to trial.

Mahomes’ case is slated for a pretrial hearing on March 22. The two-day trial is scheduled to begin on March 25.