The man who struck Bebe Rexha in the face with his flying phone at a New York concert last summer may get away with only facing 40 days of community service for the attack.
During a recent court hearing, Nicholas Malvagna accepted an offer from the court to have his charges dismissed if he completes 40 days of community service and does not violate an order of protection for 6 months, Rolling Stone has learned.
At a Feb. 9 compliance update hearing, Malvagna informed the court that he had been serving community service and was offered the opportunity for the Manhattan District attorney to “move for an adjournment in contemplation of dismissal,” or ACD, according to the Manhattan DA’s office.
An ACD allows for an individual’s charges to be dropped following six months as long as they are not arrested during the agreed period. Malvagna’s offer includes a final six-month order of protection.
“This resolution, reached after extensive negotiations, allows Mr. Malvagna to contribute to the community while ensuring the dismissal and sealing of the criminal charges,” Malvagna’s attorney told Rolling Stone. Malvagna’s next court hearing is set for June 20.
A rep for Rexha did not immediately respond to Rolling Stone‘s request for comment.
Last June, Malvagna was charged with two counts of assault in the third degree, one count of harassment in the second degree, one count of aggravated harassment in the second degree, and a count of attempted assault in the third degree. At the time, Rexha received stitches and Malvagna was taken into police custody after the singer was hit in the face during her set at New York’s Pier 17.
A preliminary investigation by New York City police “determined that a 27-year-old male intentionally threw a cell phone” at the 33-year-old star. Rexha received EMS treatment and was taken to a local hospital, where she received stitches.
According to the Manhattan District Attorney’s office, Malvagna not only confessed to throwing the phone, but also stated, “I was trying to see if I could hit her with the phone at the end of the show because it would be funny.”
The incident occurred near the end of Rexha’s show in celebration of her self-titled album Bebe. The following day, she posted a picture of herself on Instagram with the caption, “I’m good,” referring to her hit collaboration with David Guetta.