A judge in Johnson County, Kan., on Wednesday approved prosecutors’ motion to dismiss three felony charges against Jackson Mahomes, the younger brother of Kansas City Chiefs quarterback Patrick Mahomes. In May, prosecutors charged Jackson Mahomes with three felony counts of aggravated sexual battery after a February incident at a restaurant and bar in Overland Park, Kan.

Surveillance video of the incident that appeared online seems to show Mahomes grabbing the 40-year-old restaurant owner by the neck and forcibly kissing her. But according to prosecutors’ motion to dismiss, the alleged victim — unnamed by prosecutors — signed an affidavit in November saying she would not testify in the case. She also told prosecutors that if they granted her immunity and compelled her to testify, “she would say that she had not been truthful to the police and that the encounter with the defendant was consensual.”

But because of the evidence in their possession, including the surveillance footage, prosecutors proceeded with the case and attempted to subpoena the alleged victim to testify, granting her immunity. But the woman has not been served with the subpoena because — according to conversations “with more than one person in contact with her” — she “is actively thwarting attempts to serve her to avoid coming to court,” prosecutors wrote in their motion to dismiss.

The alleged victim “has made her lack of cooperation abundantly clear,” prosecutors wrote.

The February incident began when Mahomes allegedly shoved one of the restaurant’s employees. Prosecutors charged him with misdemeanor battery over that portion of the incident, and he was arraigned on that charge Wednesday.

“Like I said from the beginning, Jackson has done nothing wrong,” Brandan Davies, Mahomes’s attorney, said in a statement Tuesday. “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.”

According to Fox 4 in Kansas City, Mo., Davies told the court Wednesday that he would not seek diversion for the misdemeanor charge and requested that the case go to trial, which is slated to begin March 25.

According to charging documents, police were called to the restaurant Feb. 25 by the father of the worker who allegedly had been shoved by Mahomes. The restaurant owner told police she had taken Mahomes to her office, where he grabbed her by the neck and forcibly kissed her without her consent.

“And out of nowhere, he just grabbed me by the neck and, like, forcefully kissed me and then proceeded to do it two more times, where the last time I was pushing him off,” the owner said in an interview last year with the Kansas City Star.

In a July interview with Fox 4, the restaurant owner said she wouldn’t have called police about the incident and that she and her restaurant had been targeted in the months that followed, losing 75 percent of its business.

“We’ve had gas pipes cut. We’ve had the AC pipes cut from the outside, you know — you name it, it’s pretty much happened,” she said.

In August, the Star reported the restaurant had closed until another tenant could be found.