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Kris Roe was involved in a scary car accident Monday night in Hollywood ... and The Ataris lead singer tells us he's surprised he lived to tell his story.

Kris tells TMZ ... he was driving his tour van through Hollywood late Monday night when a police pursuit ended with an out-of-control car smashing into his vehicle, injuring him and sending his bulldog, Gracie, flying.

As you can see in the photos ... Kris' ride was totaled after a Dodge Charger barreled head-on into his Ford van.

Kris says he was covered in fluids after the wreck, and he initially thought his dog was dead. Fortunately, Kris and Gracie are on the mend, although they're admittedly both shaken up from the crash.

Law enforcement sources tell TMZ ... the suspected reckless driver was arrested and booked for evading police.

Kris tells us he's exploring his legal options, and would ultimately like to see justice served.

Josh Henderson is an innocent man who was falsely arrested for a burglary he didn't commit, and that's why the L.A. County D.A. has formally rejected the case.

TMZ has obtained surveillance video of 3 burglars who entered an apartment unit in Josh's building earlier this month and made off with $7,000 in jewelry and other items. It is impossible to identify the faces of any of the 3 men, but the victim and a witness in the building told police they were "100% positive" it was Josh based on his jawline and the way he moved.

Turns out ... the "Desperate Housewives" star had an airtight alibi. He came home late afternoon and never left his apartment for the entire evening. We know that because there's surveillance video of his front door and that's the only way to enter and exit his unit.

The victim called police several times later that night and said he was scared to death Josh would come into his apartment and hurt him. The neighbor had 4 guns and told cops the burglars didn't take any of them and believed that was further evidence Josh was the culprit because he was afraid of guns.

Law enforcement sources tell TMZ, because the victim was afraid, they took the highly unusual step of going to the apartment building at around midnight and arresting Josh for burglary. They had not looked at the other video that showed he had an alibi.

Law enforcement sources say Josh's reaction was telling. He said, "How could I have committed a burglary?" rather than saying, "I didn't do it."

In the end ... the video clearly shows one thing -- the person who the victim identified as Josh was much younger than the actor.

Donald Trump really needs a holiday pick-me-up, and it's up to his fans to give it to him ... or risk feeling the full force of Christmas shame.

According to a Trump campaign email obtained by TMZ ... POTUS supporters are being begged encouraged to sign the Official First Family Christmas Card to lift their spirits.

The letter starts by asking those who have not yet digitally signed the card -- which was first sent out last week ... "Did you not want to wish the President a Merry Christmas?"

It then reminds Trump supporters that the Prez and Melania "have been working so hard to bring Christmas cheer to the White House ... Because it's not just their home. It's your home too."

The card will apparently be given to the First Fam on Christmas Eve, though it doesn't specify how. Will it actually be printed out with all the names and put on display?

2:47 PM PT -- A rep for Forever 21 tells us, "Forever 21 takes feedback on our products and marketing extremely seriously. We celebrate all superheroes with many different models of various ethnicities and apologize if the photo in question was offensive in any way."

The image of the model has also been swapped for one of just the sweater.

This is definitely a "You Might Wanna Rethink" moment for Forever 21. The retailer's using a white model to try and sell you its "Black Panther" merch for Christmas. Oh, boy ...

The images are live on its site right now for Forever 21's Wakanda Forever Fair Isle Sweater. It's a blond-haired, blue-eyed white dude rockin' its custom Christmas sweater, with a "Wakanda Forever" slogan and a Black Panther mask on the front.

It's definitely not an oversight either -- someone at F21 really thought this would be a good idea, as they have the model's stats on the same page ... he's 6'1" and sports a medium fit.

We're not saying there's anything wrong with white people supporting "Black Panther" or even wearing something like this -- on the contrary, more power to 'em.

But, to not feature a black model for this Christmas sweater campaign seems out of touch and just dumb, if you ask us. Sometimes common sense just ain't all that common, is it?

Penny Marshall, the amazing actress, comedian and director, has died ... TMZ has learned.

Marshall died Monday night at her Hollywood Hills home. We've learned the cause of death was complications from diabetes.

Penny's first recurring role was playing Myrna Turner on "The Odd Couple," which was directed by her brother. She also appeared on "Happy Days" with Cindy Williams, and they became famous from their spin-off sitcom, "Laverne & Shirley." It became a monster hit in 1976 and ran for 8 seasons. Her character's moniker -- the "L" for Laverne on her sweater -- became one of the most famous logos in television.

Penny's accomplishments were only beginning. She directed Tom Hanks in "Big" in 1988. She was the first woman in history to direct a film that grossed more than $100 million.

Penny also directed "A League of Their Own," and "Awakenings" starring Robin Williams.

Penny's family says, "Our family is heartbroken over the passing of Penny Marshall. Penny was a tomboy who loved sports, doing puzzles of any kind, drinking milk and Pepsi together and being with her family."

The family notes Penny gave Mark Wahlberg his first acting job in "Renaissance Man."

"As an actress, her work on 'Laverne & Shirley' broke ground featuring blue-collar women entertaining America in prime time."

"She was a comedic natural with a photographic memory and an instinct for slapstick," her family added.

"We hope her life continues to inspire other to spend time with family, work hard and make of their dreams come true."

Penny was once married to Rob Reiner and once dated Art Garfunkel. She had an amazing lineage ... her brother was famed director Garry Marshall. She directed her daughter, Tracy Reiner, who played Betty in "A League of Their Own."

One of Penny's closest friends was Carrie Fisher. They had joint birthdays and Penny was godmother to Carrie's daughter, Billie Lourd.

Penny was a massive basketball fan and was a staple at Lakers and Clippers games for years.

Penny also famously directed the 1996 movie "The Preacher's Wife" starring Denzel Washington, and "Jumpin' Jack Flash" in 1986 starring Whoopi Goldberg.

Her producer credits ain't too shabby either -- with movies like "Cinderella Man" and "Calendar Girl."

The family says a celebration of Penny's life will be held at a later date.

Henry Winkler tells TMZ he worked with Penny even before "Happy Days," and knew from the start she was a very funny woman and an incredible talent. He says her comedic partnership with Cindy was akin to Lucille Ball, but more modern.

Many more celebrity tributes have been pouring in, with Albert Brooks posting on social media -- "R.I.P. Penny Marshall. So talented and funny. A big loss."

Katie Couric added, "I'm so sad to hear about the passing of Penny Marshall. #RestInPeace."

"The Simpsons" producer Al Jean said, "Penny Marshall our first guest star and a great talent. You will be missed!"

Busy Philipps said, "Oh Penny Marshall. Rest In Peace and thank you for everything."

'Law & Order' star, Vincent D'Onofrio shared a memory -- "I was invited by Penny Marshall to her house one afternoon to talk about a film she was doing. She was so kind to me. She was so smart and funny. I will never forget that afternoon. My heart goes out to her family and friends."

Melissa Joan Hart -- "Heartbroken to learn that #PennyMarshall has passed away!! The Marshall family holds a special place in my heart for being so kind and creative and encouraging to other artists. But she was a special role model for female comedians like myself. #RIP #ThankYou."

Ariana Grande is explaining the meaning behind the Christmas tree hanging upside down in her NYC apartment, by relating the odd decoration to a topsy-turvy existence.

Ariana was leaving her apartment building Tuesday when she was asked about her backwards Christmas dec, and her response was somewhat telling of the crazy year she's been through.

As you can see, Ariana turned her Christmas tree on its head, suspending it from the ceiling. And, in the video ... she's hinting her funky tree is a metaphor for a difficult year.

Wearing a black coat with fur trim, Ariana was heading to NBC Studios, this only days after rushing to 30 Rock to try and comfort ex-fiance Pete Davidson, who refused to see her after posting an apparent suicide threat.

Ariana had a trying last few months, even before Pete started posting ominous notes ... she and Pete called off their engagement, she wrote a smash hit about her exes and she lost Mac Miller to a drug overdose.

Ariana's right, sometimes life just be upside down.

11:08 PM PT -- Ribeiro's attorney, David Hecht, is downplaying the clip, telling us, "On numerous occasions, Mr. Ribeiro has commented on his inspiration for the dance. In the clip, Mr. Ribeiro used the word “stole” in jest. He did not use the word 'stole' in the legal sense."

He continues, "In his words, it was Ribeiro's (a professional dancer's) interpretation of what a white person looks like when they dance. That describes a copyrightable choreographic work."

Alfonso Ribeiro's past just bit him in the ass in his Fortnite lawsuit -- because he ADMITTED he stole the very same Carlton Dance moves he's suing over ... and the confession is on camera!

Here's the deal ... Ribeiro is suing the massive video game -- along with NBA 2K -- claiming they ripped off his signature moves without paying him a cent.

In his lawsuit, Alfonso claims he created the dance and is currently in the process of copyrighting it.

The problem for Ribeiro -- April 23, 2012 -- the day he looked into a TMZ camera and explained how he "stole" the moves from Courteney Cox and Eddie Murphy!

Alfonso says decades ago he was tasked with creating a dance for 'Fresh Prince of Bel-Air' -- and essentially wanted his character to dance like a super white person.

So, he thought to himself, "I know exactly -- I'm going to steal it!"

Seriously, Alfonso walked us through how he took Cox's moves from the Bruce Springsteen "Dancing in the Dark" video and meshed it with Eddie's famous "White Man Dance" -- and voila, Carlton Dance!

The question now ... can you successfully sue someone for stealing something you admitted you stole yourself?

The death of Penny Marshall -- a beloved actor and HUGE sports fan -- rocked the athletic world Tuesday ... with teams and athletes alike mourning her passing.

The L.A. Clippers -- one of Penny's favorite teams -- posted they were "deeply saddened" to learn "a resilient pioneer with legendary talent" had died.

The Globetrotters, meanwhile, posted an old pic of Penny and the team, saying, "RIP to a long-time friend of the Globetrotters, Penny Marshall."

The MLB and the Baseball Hall of Fame also paid tribute to the "A League Of Their Own" director ... with the MLB saying, "We join the baseball community in mourning the passing of Penny Marshall."

Individual athletes expressed their remorse ... with athletes like Michael Strahan, Isiah Thomas, Mark Jackson and even Donyell Marshall taking to Twitter to pay tribute.

"R.I.P Penny Marshall," Donyell wrote ... "Still remember when you asked me for my game Jersey. You said you would go around telling people I was your nephew. We always talked before and after games when we played against the Lakers."

Legendary NBA forward Vince Carter added, "RiP to my friend the great Penny Marshall. You will be missed!!!"

Penny was 75.

A New York State Senator just joined the ranks of disgusting Twitter trolls by telling a woman to kill herself ... because she ID'd him as the alleged culprit of a parking violation.

Sen. Kevin Parker, who represents NY's 21st District, nastily fired back at Candice Giove Tuesday after she accused him of misusing a parking placard. BTW -- Candice is the Deputy Communications Director of the NYS Senate.

Candice said she did some digging when a Twitter user complained that an "arrogant scofflaw" from the NY Senate was blocking a bike lane with his car ... claiming it was placard abuse.

Giove fingered Parker as the illegal parking perp, to which he replied ... "Kill yourself!"

Candice was incredulous by the Senator's comment, but of course ... he deleted the tweet and apologized shortly afterward. Parker wrote ... "I sincerely apologize. I used a poor choice of words. Suicide is a serious thing and and should not be made light of."

However, he's continuing to go after Giove, reportedly calling her an internet troll and tweeting that she's "on the wrong side of history for every important issue facing New York State!"

10:32 AM PT -- Law enforcement sources tell TMZ that they have taken an official vandalism report, and detectives are now investigating.

10:19 AM PT -- TMZ has obtained a clear shot of the graffiti at Meek's grandma's house, and it reads "ACORN." According to Meek's camp ... acorn is a term that relates to white privilege/power. We've also learned that Meek himself is in the process of filing an official police report.

Meek Mill says a white guy spray painted his grandmother's Philly home with racist graffiti ... and he's got video of the crime.

The "Championships" rapper tweeted about the incident Tuesday, saying it all went down Monday night. He also posted surveillance footage of the street outside which shows the guy casually tagging the side of a building. It's hard to make out what he wrote, but Meek says it was a racist remark that referenced white privilege.

He also seems to suggest the tagging is a result of his grandma's neighborhood becoming gentrified, saying it was a black neighborhood 20 years ago ... but no longer.

Meek sends out a clear warning to the perpetrator, calling him a coward ... and telling him he better hope Meek and co. don't catch him on the streets.

Law enforcement sources tell us, although they have not had any official reports filed about the vandalism, they're aware of the incident. Sources close to Meek, meanwhile, say he's troubled by the act as his grandmother's home was one of only a few that were vandalized in the area. No word yet on whether she plans to report it to cops.

Cardi B knows EXACTLY what she misses the most about Offset ... and it's not his personality, it's his little buddy!!!

Cardi went on Instagram Live and delivered this hilarious clip, sipping coffee and letting EVERYONE know just how much she wants Offset's pecker in and around her mouth, vagina and pretty much any place else you can think of.

The "I Like It" rapper gets pretty graphic about her thirst for her husband's manhood, but she keeps it at that and doesn't say there's anything else she wants from Offset, aside from some good D.

As you know ... CB and Offset are having all kinds of drama in their marriage, but it sounds like there's at least a chance for some makeup -- or breakup -- sex.

10:08 AM -- Backpack Kid tells us his mom and manager feel Fortnite is taking advantage of him, and he's letting the grown-ups handle the legal process.

Backpack Kid spoke out on "TMZ Live" Tuesday, saying he doesn't care about getting a fat check from the lawsuit, because he just cares about people watching and enjoying his videos. Besides, he says he's got more important things on his plate, like his 17th birthday and new single.

Backpack Kid is the latest to jump into the lawsuit game over Fortnite allegedly ripping off signature dances.

Backpack Kid's mom filed the latest lawsuit on behalf of her 16-year-old kid, who blew up back in 2016 when he posted videos of himself on Instagram doing a dance, which he called The Floss.

Fortnite released the Season 2 Battle Pass in December of last year and, as part of the Pass, it offered a new, rare emote that it called The Floss. It allows the players who win the game to do the dance.

Just like Alfonso Ribeiro and 2 Milly, Backpack Kid says he's in the process of copyrighting the dance, but claims Fortnite has still ripped him off.

Interestingly enough ... we spoke to Backpack Kid about his dance in the game back in June. He told us he felt like they should cut him a check, but said, "It's not that big of a deal, I'm just glad it's in the game."

He's also suing 2K Sports, which makes NBA 2K, claiming it too stole his dance.

Backpack Kid is suing for unspecified damages and wants a judge to stop the companies from stealing his moves.

Carolynn Kyungwon Beck and David Hecht of Pierce Bainbridge Beck Price & Hecht are repping Backpack Kid.

It's not all bad for Backpack Kid tho ... he just premiered his music video for his single, "Drip on Boat," exclusively with us and his EP, "SwagPack Kid," comes out Wednesday.

The child Dikembe Mutombo brought to the United States for a surgery to remove a life-threatening tumor on his face, went into cardiac arrest during the operation ... TMZ has learned.

Sources familiar with the surgery tell us, at around 6 PM Sunday, more than 6 hours into the operation, 8-year-old Matadi went into cardiac arrest and was immediately taken to the Intensive Care Unit at Cedars-Sinai Medical Center in L.A. We're told he's now in stable condition and is slowly recovering.

The emergency came toward the end of the surgery, which began at 11:30 AM.

We do not know if the surgeons had completed the surgery, but if it went according to schedule it should have been wrapping up.

Matadi and his family were staying at the Ronald McDonald house in Los Angeles leading up to Sunday's procedure. Mutombo, who met the little boy during a visit to the Congo, greeted the boy and his family when they landed Wednesday in Los Angeles.

A federal judge in Brooklyn says New York state's nunchucks ban -- made wildly popular in the U.S. by Bruce Lee in the '70s -- is unconstitutional because it violates the 2nd Amendment.

The judge says the right to bear arms is not limited to guns ... it applies to all weapons that have some legal purpose. In the case of nunchucks, Judge Pamela Chen says they have been widely used over many, many years for martial arts training and defense -- a perfectly legal activity.

Judge Chen says a weapon that has a legal purpose cannot be summarily banned under the 2nd Amendment. She says, the "relative dangerousness of a weapon is irrelevant when the weapon belongs to a class of arms commonly used for lawful purposes."

Her Honor draws a distinction between nunchucks and, say, pipe bombs, because the latter is really targeted for lawbreakers.

Cardi B was James Corden's latest copilot for "Carpool Karaoke" ... and she did NOT disappoint.

The Bronx MC rode shotgun on the 'Late Late Show' host's newest singing segment, where the two of them ran through a medley of Cardi songs and mostly rapped 'em ... complete with water bottle microphones and out-the-window hype. Just watch ...

There were also a few surprises along the way ... like James giving Cardi an impromptu driving lesson (with hilarious results) and Cardi getting hit on by an old timer.

Unclear when exactly this was filmed, but there's no mention of all the Offset drama Cardi's been dealing with lately.