The 50-year-old reality TV personality initially pleaded not guilty after being arrested and charged with stalking former costar Dr. Will Kirby. According to court records, Malin withdrew his original plea and changed it to “nolo contendere,” or no contest. Malin waived his right to a trial by changing his plea.
The season 7 Big Brother champ appeared in court in April and was sentenced to a two-year probation. He will be required to spend three days in a Los Angeles County jail, pay a total of $70 in fees and serve 30 days in a residential treatment program that has been selected for him. Malin must pay $300 restitution to the court, “effective upon the revocation of probation” and cooperate with his probation officer for “mandatory supervision.” In addition, he must “make restitution” to the victim, in this case Dr. Kirby, “in an amount to be determined at a hearing.”
Malin must “maintain residence as approved by the probation officer” and “keep [the] probation officer advised of [his] residence and work and home telephone numbers at all times.” He is also required to complete 160 hours of community service per the plea agreement and submit DNA for a database.
Per the docs, Malin was “instructed by the court” to be “prohibited from owning, purchasing, receiving, possessing or having, under his/her custody or control, any firearms, ammunition and ammunition feeding devices.” He was also “ordered to relinquish all firearms” if any were already in his possession.
Kirby, who won season 2 of the CBS reality competition, was granted a restraining order against Malin in September 2019. The 48-year-old dermatologist was granted an additional 10-year restraining order preventing Malin from coming near him, his family or any of the 66 LaserAway clinics.
Following news breaking of the sentencing, Kirby’s attorney issued an exclusive statement to Us on Wednesday, June 2, saying, “On behalf of Dr. Kirby, we are grateful to the criminal justice system for holding Mr. Malin accountable for his actions. The crime of stalking is often underreported. There is absolutely no shame in asking for help and reporting troubling behavior.” The statement concluded: “Dr. Kirby respectfully asks for privacy for he and family at this time.”
News of Malin’s guilty sentencing comes shortly after Us exclusively reported in November 2020 that he was arrested for driving under the influence in Las Vegas that August. At the time, the restaurateur was pulled over after someone alerted authorities to a swerving vehicle that hit a curb and nearly hit their car too, according to the arrest report.
Malin failed a sobriety test administered by officers at the scene. He was charged with possession of a drug without a prescription, having an open alcohol container and unlawfully texting before being released on his own recognizance.
The former reality star attended a hearing in October 2020, and at the time, the Clark County district attorney asked for a 180-day extension to decide whether criminal charges would be pursued.
The New Hampshire native’s legal woes date back to 2011, when he was sued for embezzlement and later ordered to pay $800,000.
With reporting by Sharon Tharp.