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Kanye West May Skate

9/12/2008 1:50 PM PDT BY TMZ STAFF

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.

125 COMMENTS

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46.

A Lawyer    

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.

2176 days ago
47.

NYCer    

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

2176 days ago
48.

NYCer    

Hey #43 Harvey Levin AKA TMZ ia a lawyer HAHAHAHAHA

2176 days ago
49.

Brandon    

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 ..

2176 days ago
50.

Big Bear    

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!!!!!

2176 days ago
51.

Jacon    

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.

2176 days ago
52.

BUMP    

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!!!!~~

2176 days ago
53.

Vajayjay    

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

2176 days ago
54.

Timmy Tutone    

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

2176 days ago
55.

lawyer    

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

2176 days ago
56.

BUMP    

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

2176 days ago
57.

CJ    

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

2176 days ago
58.

Insert comical name here    

Thug trash.

2176 days ago
59.

Fledgling    

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?

2176 days ago
60.

ALYCIA    

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.

2176 days ago
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