Kanye West May Skate

Kanye West was not provoked into attacking a still photographer, according to an American Airlines employee who witnessed the whole scene that was caught on tape. Nevertheless, Kanye could easily beat the rap.
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Law enforcement sources told TMZ, at the time of the arrest, Kanye could be charged with felony vandalism. But here's what we know. The still camera that was broken is a Canon 40D -- retail price $1429.96. In California, someone who criminally damages property worth more than $400 can be prosecuted for felony vandalism.

But here's the rub: look closely at the video. Kanye and the bodyguard wrestle the camera away from the photog, but the bodyguard ends up with the camera ... Kanye is holding the light unit. We did some checking and found the light unit is only worth around $100, so here's the irony -- the bodyguard could be processed for a felony, but not Kanye.

BTW -- It was the bodyguard, not Kanye that broke our cam (retail value: $7000).

If Kanye is prosecuted at all, it's likely it would be for a misdemeanor. But prosecuting a celebrity where the victim is a paparazzo -- good luck, Mr. City Attorney.

Reader Comments

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46. Please have a lawyer do your legal analysis next time. There are other felonies that he can be charged with here besides Felony Vandalism since he (1) assaulted and (2) battered the photographer to get the camera in the first place. I'm not admitted in California, so I'm not sure about California's conspiracy caselaw, but he might still be able to be charged with Felony Assault by acting in concert with another.

Posted at 3:10PM on Sep 12th 2008 by A Lawyer

47. paps are pigs!! !!!Kanya could buy and sell em all anyway you haters.

Posted at 3:08PM on Sep 12th 2008 by NYCer

48. Hey #43 Harvey Levin AKA TMZ ia a lawyer HAHAHAHAHA

Posted at 3:11PM on Sep 12th 2008 by NYCer

49. another ignorant over paid rapper attacks the a camera man what a surprise ..they should throw the book at him and his wannabe gansta attitude ..he freakin went to a private school and grew up in a good neighborhood real ghetto let me tell u ..
it takes a real big man to pick on a scrawny white dude with a camera .. ur famous deal with it everyones gonna take pictures of u ...What a moron ..

Posted at 3:21PM on Sep 12th 2008 by Brandon

50. Both of those colred gents need to be punished. The body guard walked a long way to get to the photog for TMZ. The TMZ person did not violate any personal space unless all the space in the world belongs to Kanye and his buddy. Kanye did you return the phone call Dr. Jan Adams left for you?? You get one free cosmetic surgery!!!!!

Posted at 3:23PM on Sep 12th 2008 by Earl

51. Kanye is the biggest crybaby in the world. So what if someone was taking a picture, thats how he gets his millions. Here's a number for ya Kanye, 1-800-WAAAAAA, Man, that white man sure has been oppressin you to act the way you do.

Posted at 3:29PM on Sep 12th 2008 by Jacon

52. THE INFO IN THE STORY IS NOT TRUE. IF A PERSON IS KILLED DURING A ROBBERY THE GUY WITING IN THE CAR IS ALSO CHARGED WITH MURDER. ALSO IN THIS CASE CONNIE STARTED THE WHOLE THING.


463. ~Oh mamaaaaa they try to take my picture big bad mamaaaaa~

~I miss you mamaaaaa, come sit wit me in jail cuz I scared
mamaaaaa~

~I was walking wit me boyfriend an he was wearing a red coat
mamaaaaaa!

We now in jail together mamaaaaaa~

~Since you died my popularity has gone down mamaaaaaaa~

I needed some attention so I broke dee white boys camera now I sit
in' here in jail I miss you mamaaaaaaaaaaaaaaaa!!!!~~

Posted at 3:37PM on Sep 12th 2008 by bump

53. Bump...what is it like to be ignorant? Get a job loser! That post was pretty LOW and classless and stupid and immature and disrespectful, and ignorant and uninformed and all the things that you are

Posted at 3:40PM on Sep 12th 2008 by Sunshine

54. Kanye's a whiney bitch.

Paps are annoying, but these were keeping their distance and werent crowding him. and Kanye and Mgr decided to attack them.

Kanye - you don’t own public space - so quit acting like you do, you lil' bitch. I hope they sue your sorry ass

Posted at 3:40PM on Sep 12th 2008 by Timmy Tutone

55. ever hear of robbery. certainly a felony and a strike in California.

Posted at 3:42PM on Sep 12th 2008 by lawyer

56. SUNSHINE I HAVE ONE THING TO SAY TO Y-O-U .... YO MAMAAAAAAAAAAAA

Posted at 4:07PM on Sep 12th 2008 by bump

57. I promise I would pepper spray all you punks with cameras.

Posted at 6:01PM on Sep 12th 2008 by CJ

58. Thug trash.

Posted at 3:53PM on Sep 12th 2008 by Insert comical name here

59. He's a punk. He's an uneducated, ugly, waste of of a human being. Within 5 years, he will be broke, and still ugly - just like Mike Tyson, and countless others who have sucked the money from other ugly, stupid, uneducated people. Hopefully, he will not be a punk, and will right his life.
Why do certain types of people in our society think they can act that way? And why do certain people in our society waste their money on these fools?

Posted at 3:58PM on Sep 12th 2008 by Jesse Jackson

60. Point Blank! Celeberties just want to be left alone sometimes, anyone would get frustrated if everytime you go in public there are numerous amounts of people in your face with cameras asking you stupid questions with immature remarks. I realize there are alot of people who are Jealous of celeberties, especially young black males, you dont like rap music but it does sell and is able to get alot of money for artist. Why do so many people want to see him get a Felony charge for this? Why do so many people like to see black males go to jail? you are ignorant, and ignorant is not knowing or understanding. You know truthfully well you would hate for cameras to be in your face ALL THE TIME! I understood how Alec Baldwin felt when he assaulted a camera man for invading his privacy, I dont think he deserved a felony charge for that, remember when Bjork did the same thing she did'nt deserve a felony charge for her actions either. Its so sad to see how racist you people are, you just want to see a sucessful black male in the entertainment business life get ruined for doing the same thing many other celeberties have done. Kanye West is not perfect NO HUMAN is perfect, but just because of his life style, and music you want him prosecuted to the fullest, if you see a black man get angry and acts like a fool you think he should go to prison huh! Why did'nt you want Christian Bale (star of- "Dark Knight" batman) to get a felony and get sent to prison, he assaulted his own mother!!! Basically if you consider your self to be a person who loves god you need to think twice about being so racist and judgemental. Yes he should have kept is composure thats true, but are you a person that has never gotten angry, think before you judge, and just because a black man displays anger in public does not mean he belongs in prison. Then again this is the most racist country and I guess your just giving your all- american racist opinons.

Posted at 4:01PM on Sep 12th 2008 by Blessed2 be me

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