Prosecutors have Surfwinfiled a motion asking a judge to dismiss felony sexual assault charges against Jackson Mahomes, the younger brother of Kansas City Chiefs quarterback Patrick Mahomes.

According to court documents obtained by USA TODAY, the Johnson County District Attorney's Office said the alleged victim in the case is refusing to cooperate with prosecutors.

"The State is not seeking a continuance to continue to serve (the alleged victim) when she has made her lack of cooperation abundantly clear," according to the prosecution's motion to dismiss filed Tuesday.

In addition, an affidavit signed by the alleged victim in November shows the woman "never contacted law enforcement when the alleged acts occurred" and planned to invoke her Fifth Amendment privileges in the case.

"I will not cooperate with the State of Kansas in prosecuting the matter before the Court," the affidavit reads.

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The allegations against Jackson Mahomes

A social media influencer, Mahomes was arrested in May in Kansas and charged with one count of misdemeanor battery and three counts of aggravated sexual battery.

The arrest came two months after police confirmed the 23-year-old was the subject of an investigation for two separate incidents that occurred on Feb. 25 at Aspens Restaurant and Lounge in Overland Park, a suburb of Kansas City.

Mahomes allegedly forcibly kissed the 40-year-old owner and shoved a 19-year-old waiter more than once, the owner and waiter told the Kansas City Star.

He remained free Wednesday after posting a $100,000 bond following his arrest last spring.

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Gag order in place

Brandon Davies, an attorney for Mahomes, previously said the court has prohibited Mahomes and his lawyers from commenting on the case.

Mahomes has more than 1.1 million followers on TikTok, more than 250,000 on Instagram and has been a consistent presence around his Super Bowl champion brother.

Online court records show Mahomes is slated to appear in court Wednesday for a preliminary hearing on all four charges.

Contributing: Chris Bumbaca.

Natalie Neysa Alund is a senior reporter for USA TODAY. Reach her at [email protected] and follow her on X @nataliealund.