Two Malibu residents accused of attacking a paparazzo at Little Dume Beach in 2008 will go trial on Feb. 1. Skylar Peak, 25, and Philip “John” Hildebrand, 31, have each been charged with one misdemeanor count of battery. If convicted, they could each face up to six months in a jail and a $2,000 fine.
Jury selection for the trial was to begin on Monday, but was continued to next month. Emily Chang, the prosecutor in the case, said there was no particular reason for the continuance.
The dispute between local surfers and photographers took place on June 21 and 22, 2008 when a group of paparazzi attempted to get shots of actor Matthew McConaughey surfing. Several photographers reported injuries and equipment destruction from the fight.
The two men were charged specifically for the alleged beating of French paparazzo Rachid Aitmbareck.
Malibu/Lost Hills Sheriff’s officials investigated the incidents using video footage that circulated on the Internet in the aftermath of the fracas. The evidence was turned over to the Los Angeles County District Attorney’s Office as grounds for criminal prosecution.
The surfers have said the videos were edited and do not accurately portray what occurred.
Aitmbareck has retained civil attorney Bryan Altman. Altman has said he will wait on deciding whether to file a claim until after the criminal case has concluded. The lawyer told The Malibu Times last year the photographer was traumatized by the incident and is afraid to return to Malibu.
Since 2006, Peak and Hildebrand have co-owned and operated Sicky Dicky Productions, a party and events planning company based in Malibu. The owners also have Facebook and MySpace pages where they communicate with their fans.
After being charged last August with battery, the surfers began selling “Free Sicky Dicky / Not Guilty” T-shirts for $25 apiece through their Internet sites to help defray legal costs.
The beach brawl incident led to an outcry by some in Malibu demanding a law be implemented to curtail what they consider to be aggressive tactics by the paparazzi. City Councilmember Pamela Conley Ulich unsuccessfully attempted to create a city ordinance, but was unable to get enough support from her colleagues on the council. Many of her ideas were shot down by legal experts because of their possible infringement on free speech.
A new state law went into effect on Jan. 1 that calls for fines from $5,000 to $50,000 on publishers who cause or condone paparazzi to engage in behavior such as persistent following, chasing or trespassing while in pursuit of photos or video footage of celebrities.