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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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91.

Jacalyn    

Kanye needs to start acting his age.His Mom would not want her son behaving like this.He needs to think of that when he's throwing tantrums that you expect from a Toddler.Even though he is talented he has lost the respect of so many fans and peers because of such childish behavior.Be a man, conduct yourself with class Kanye and make your Mom proud.

2195 days ago
92.

DasBeast    

If TMZ's camera's cost $7K, why does the video always look like crap? Guess it fits it with the caliber of reporting.

Absolute crap.

2195 days ago
93.

Miguel    

I'm no attorney, but if memory serves me right in california that taking of another persons property by force or fear can be constituted as robbery (which is a felony), I hope he gets charged with the felony...

2195 days ago
94.

lukes123    

I'm not two faced. I watch TMZ and visit the website. But I think these paps who vebally antagonize people are absolute idiots. Take your pictures. Ask questions if you must, but don't intentionally piss people off.

Some say its all a part of fame. No it isn't.

Why won't TMZ air what this idiot said prior to Kayne going off. I'm sure it was meant to piss him off, which it did.

Kayne got his feeling hurt and the camera got hurt. Sounds like justice to me.

2195 days ago
95.

TC    

I like Kayne West, he is human and like Princess Di and all the others, leave them roon for some privacy, try being in their shoes. Stop judging. However I do agree he should've just ignore or keep walking.

2195 days ago
96.

Boooooooooooooooooooorin    

It is not an issue of being too close. The TMZ guy was about 20 feet away up some steps and his "manager" still ran up and grabbed the camera and broke it.
If you are in a public place, you can be photographed end of story.

2195 days ago
97.

Scott Brown    

Accomplice to the crime. Pay up or get jacked! If you remove someones property without permssion and force, doesn't that fall into robbery and assault?

2195 days ago
98.

sallygail    

Kiki exactly, he should know better. You can't go around hitting people or their property especially when they are in a public place. He could have kept on walking. You missed the point, if we expect a small child not to hit or hit back and if they do there are consequences. An adult should never stoop to this behavior and Kayne should have to pay.

2195 days ago
99.

LawChic    

If Kanye West took the personal property of another by force and meant to permanantly deprive the person of the property (i.e. destroying it), no matter the cost, he and his body guard could potentially be charged with robbery, which is a felony and a strike in the State of California. However, I don't believe the District Attorney will want to pursue that route, even though they would any other day of the week on anyone other than someone famous.

2195 days ago
100.

J    

Kanye seems to have a bad temper, he's outspoken and arrogant.
The scene he caused could have hurt someone nearby and certainly could have terrified children in the airport.
A poor woman recently died in an airport after having an anxiety attack because security thought SHE was a threat.

2195 days ago
101.

yes    

***some guy named FANCYRANTS over on you tube has posted EXCLUSIVE FOOTAGE of Kanye West in prison!***


2195 days ago
102.

Brandon    

seriously for u ppl that r defending him ur just as stupid lol ..this is AMERICA PPL we're not in Iraq or Africa there r consequences for ur actions ..im sick of listening to these idiots .." oh i love his music let him slide '' u guys are all dumb ignorant low class ppl ...i bet that u r the same ppl that blame video games for making u a murderer lol ..freakin MORONS GO BACK TO SCHOOL !!!!

2195 days ago
103.

Vajayjay    

If you can believe this...get ready it's a doosie.....Ken's penis is even smaller than Earl's!!! OMG OMG OMG my chihuahuas pee pee is bigger than Ken's!!!

2195 days ago
104.

Kathy    

Kanye feels entitled and when you feel entitled you tend to act like you are the only one who matters. Lets give him a taste of what it would be like to be ignored. TMZ should NEVER take his picture again and every paper should stop writing about him and he should never get any attention. Maybe this action will humble his no talent ass.

2195 days ago
105.

whoa???    

Why do people still misuse the word "irony". . .Damn, TMZ ! ! !

2195 days ago
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