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Gabriel Aubry

ARRESTED

After Brutal Brawl at Halle's

11/23/2012 9:00 AM PST UPDATED: 11/22/2012 6:33 PM PST BY TMZ STAFF
EXCLUSIVE

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6:33 PM PT
-- Gabriel has been released from custody.

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5:55 PM PT -- Gabriel has been booked for misdemeanor battery. According to his booking sheet, he's listed as 6'2" and 180 pounds. He's still in custody and his bail has been set at $20,000.

5:30 PM PT
-- Sources tell TMZ ... when Gabriel and Olivier started going at it, Halle rushed Nahla inside the house so she missed the brutality.

3:35 PM PT
-- Gabriel has been released from the hospital and is currently at an L.A. jail where he is being booked. Olivier has also left the hospital and has returned to Halle's home.

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Gabriel Aubry
was arrested Thanksgiving morning after a melee at Halle Berry's house, which sent both Gabriel and Halle's fiance Olivier Martinez to the hospital ... TMZ has learned.

Law enforcement sources tell TMZ ... Gabriel showed up to Halle's house with Nahla for a custodial hand-off. We're told Gabriel was still in the motor court (a rich person's word for a giant driveway) when Olivier walked up to him and said, "We have to move on." 

According to witnesses, Gabriel then pushed Olivier and threw a punch at his face, but Olivier blocked it and the punch struck him in the shoulder instead. We're told Gabriel then pushed Olivier to the ground, and Olivier cold-cocked him in the face, and a struggle ensued, ending with Olivier pinning Gabriel to the ground.

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In the struggle, Gabriel suffered a broken rib, contusions on his face, and possibly a more serious head injury. Olivier may have broken his hand and suffered neck injuries as well. There are conflicting accounts as to whether Gabriel was rendered unconscious in the fight.

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Police were called and Olivier made a citizen's arrest for battery against Gabriel. Gabriel was escorted to the ER and, ironically, Olivier went to the same ER an hour later. The two were just down the hall from each other.

Law enforcement sources tell TMZ ... a judge has issued an emergency protective order, which requires Gabriel to stay 100 yards away from Halle, Olivier, and Nahla.

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And finally, there's this ... specifics about the argument between Gabriel and Olivier are sketchy because they were trash talking each other in French.

It's pretty shocking -- considering Gabriel was out with Nahla just last night for a movie date at the Grove.



1012 COMMENTS

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1.

thestupid    

So... celebrities DO have normal families like the rest of us!

701 days ago
2.

Kalvin    

So in other words Gabriel thought he was running **** and got his ass whopped lol. Let's not be nice about it TMZ, that's exactly what happened.

701 days ago
3.

_][ Character_Assassin ][_    

What'd you expect?... Gabriel is a frenchie.

701 days ago
4.

Jackie    

It sucks he couldn't keep his cool because YOU KNOW Halle will be using this to try to stop him from seeing the kid....ugghh

701 days ago
5.

ria    

I so understand Gabriel... It must be hard for him sharing his daughter... as a Parent I understand him... and Halle was never supporting him as a Father she wants him out of her life nit thinking about her Daughter ...

701 days ago
6.

IceGypsy    

Oh what a great example you are setting for your kid! Grow up and learn to get along with your X for the sake of the kid

701 days ago
7.

firebaby    

i actually feel for gabriel on this... its no secret if halle had her way, she and nahla would be in france with olivier... sucks he couldn't keep his cool but there's only so much a person can take... it seems like gabriel (rightfully so) really does want to be a part of his daughter's life, and i must commend him for that...

701 days ago
8.

Eddie    

Gabriel is one big loser & he is only trying too hang on too his daughter for financial gain I hate the *****

701 days ago
9.

Ginger    

So does anyone else think this was yet another set up by Halle. She lost in court. She will try again. She is determined to get him out of his child's life. What a selfish woman.

701 days ago
10.

MuppetFace    

They're both nuts.

701 days ago
11.

AlwaysOnTimeB    

It doesn't matter how mad we are with a situation as parents. It is never okay to put your hands on someone in front of your child. Take it outside next time!! LOL!!

701 days ago
12.

nadria    

I swear, Halle is gonna have Gabriel taken out. I will not be surprised if she makes him disappear. Halle, you are one crazy beotch.

701 days ago
13.

Barbarascy    

This is soooo not cool for that little girl. Every adult involved needs to think about her. I have to wonder if Halle Berry knew Aubry was some of the things she has claimed. And furthermore WHY did she have a child with him?

701 days ago
14.

Wait.What?    

Wait. The son of a former professional boxer beat someone up? What?

701 days ago
15.

Dawnie    

Convient that this happened on her turf where all the witnesses will side with her. Gabriel knows he's being watched constantly so not for one second do I believe that even if he did start the fight that it wasn't provoked. Grow up Halle, you had a kid with him and just because you don't like him now doesn't mean you have all the rights to the child you had together.

701 days ago
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