LOS ANGELES – A judge has ruled that Rod Stewart's son can stand trial on charges stemming from an alleged assault on a couple outside a party in the Hollywood Hills.
Los Angeles Superior Court Judge Julius M. Title acknowledged that witnesses for the prosecution and defense offered conflicting testimony Wednesday, but said there was sufficient evidence to allow the case against Sean Stewart to proceed.
It would be "up to the trial court to decide the credibility of the witnesses," Title said.
Stewart, 27, one of the stars of the A&E reality show "Sons of Hollywood," pleaded not guilty in June to three felony counts, including assault with a deadly weapon. He remains free on bail.
Tobalus and Ericka Stein said in their civil lawsuit that they were in a truck April 22 when Stewart and others began "swinging their arms at, punching, throwing bricks and other items at, and striking the bodies of plaintiffs" and the truck.
Ericka Stein testified Wednesday that she got a bruise on her chest from a brick that was thrown at her. Her husband and said it took hours to remove broken glass from her back.
Defense attorney Dana Cole called two witnesses -- an unusual move at a preliminary hearing -- who said they were in a Rolls-Royce Phantom with Stewart the morning of the alleged attack.
Brian Koifman -- the Rolls-Royce's driver -- and Megan Forsha said others outside the car, not Stewart, threw items at the Steins' pickup.
Stewart was seated in the car's passenger seat and only got out when the windshield in front of him was shattered by a rock or brick, Koifman testified.
Cole said he summoned the defense witnesses because he wanted the judge who is assigned to the case and the prosecution "to see there are two sides to this particular incident."