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The alleged stalker of Shawn Johnson will go on trial for four of the five charges filed against him.

Robert O’Ryan is charged with felony stalking, felony commercial burglary, two misdemeanor counts of carrying a loaded firearm, but not attempted kidnapping any longer, TMZ reports. Robert appeared in court today in L.A where judge threw out the attempted kidnapping charge even though Robert’s car was filled with items such as: duct tape, a shotgun, zip ties, a .45 handgun, Buck Knife, bulletproof vest and sharpening stone.

Apparently, that’s not enough evidence for the court to charge because Robert left those items in his car when he jumped a fence at the DWTS studio to get near Shawn. Also, the court concluded there were too many things in the car to actually fit Shawn in it.

Seriously?

E! News reports that of the charges Robert does face, he could get up to five years and four months in state prison.

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