Sean Stewart Ordered to Stand Trial

Thu., Sep. 20, 2007 11:52 AM PDT by Sarah Hall

Sean Stewart will have to plead his case to a jury of his peers.

A judge ruled Wednesday that there was sufficient evidence in an assault case against the Sons of Hollywood star to order Stewart to stand trial.

Stewart, the 26-year-old progeny of singer Rod Stewart, was charged in June with two counts of assault with a deadly weapon—a brick—and one count each of throwing a substance at a vehicle and vandalism with over $400 damage. All of the charges are felonies; Stewart pleaded innocent across the board.

Los Angeles Superior Court Judge Julius M. Title on Wednesday ordered Stewart to return to court for arraignment Oct. 3.

The judge noted that there were discrepancies in the versions of events presented by witnesses for the defense and the prosecution and said it would be "up to the trial court to decide the credibility of the witnesses."

Stewart's alleged victims, Tobalus and Ericka Stein, filed a civil lawsuit against him in May, claiming the reality star and assorted members of his entourage launched an unprovoked attack on their truck in the Hollywood Hills as they drove by at about 4 a.m. in the morning.

According to the Steins' court documents, Stewart and friends began "swinging their arms at, punching, throwing bricks and other items" at them and striking the bodies of plaintiffs as well as striking the [truck]."

The couple claimed to have suffered "shock, horror, fright, worry, grief, shame, embarrassment, anger and chagrin." They are seeking unspecified damages for their troubles.

In court Tuesday, Ericka Stein said she suffered a bruise on her chest from a brick that was thrown at the truck, while her husband testified that it took hours to remove glass from her back.

She told the judge that her husband eventually grabbed a brick and threw it back at Stewart and their other assailants, telling them to leave the couple alone.

Stewart's lawyer has accused the Steins of targeting his client due to his celebrity, claiming their allegations against Stewart are financially motivated.

Two witnesses called by Stewart's attorney Dana Cole testified that they were sitting with Stewart in a Rolls Royce Phantom that morning and that others outside the car—not the rock spawn—threw items at the Steins' truck.

Defense witness Brian Koifman, who was behind the wheel of the Rolls, said Stewart only got out of the car to confront the Steins after a brick shattered the passenger side of the windshield. Another witness, Megan Forsha, claimed the truck had refused to let them pass and that Stewart was still inside the car when objects were being thrown.

Cole said he took the unusual step of calling the witnesses at the preliminary hearing to ensure the judge was aware "there are two sides to this particular incident."