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A judge on Friday dismissed criminal charges against Sean Stewart, 27, who was accused of punching and throwing bricks at a couple during a 2007 Hollywood Hills melee.

At the prosecution’s request, Superior Court Judge Stephen Marcus dismissed felony charges including assault with a deadly weapon.

Sean son of rocker Rod Stewart, had denied the allegations and said he was a victim of mistaken identity.

Stewart was accused of attacking Tobalus and Ericka Stein after an April 2007 party in the Hollywood Hills above the Sunset Strip.

The couple’s large pickup truck and Stewart, in a Rolls-Royce Phantom, were unable to pass each other on a narrow road.

“Words were exchanged” and bystanders in the street began pelting the truck because they felt the driver was being aggressive according to Sean’s attorney.

At a preliminary hearing, the driver of the Rolls-Royce testified that others outside the car threw things at the pickup and Stewart only left the car when the windshield was shattered. According to his accusers, Stewart then got out of his car and took part in the violence.

The Steins still have a pending assault and battery lawsuit against Stewart.
Meanwhile, Stewart is also facing a lawsuit from a man who says he broke his nose in a Hollywood nightclub in 2006.

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