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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

No Avatar
211.

KBurr    

What goes around comes around so to Hallie and Gabriel think about your child not yourselves cause when it comes back to you it maybe In a way you both pay dearly for? Just saying! But Gabriel keep her in your life so many don't...

662 days ago
212.

foxypinkgirl    

Halle is the one behind all of this. she put Oliver up to starting trouble because the judge denied her custody of taking Nahla permanently to France, or the guy is a douchebag. I would've done the exact same thing if I were Gabriel. I hope the court system wises up to what's going on and strips Halle of custody.

662 days ago
213.

MsSumlin    

Team Gabriel.

662 days ago
214.

AgentF    

How can Olivier make a citizen's arrest, he's not a US citizen!?!

662 days ago
215.

Monica    

I think set up so she can take her little girl to France. Every other time she been winning in court and the most inportant thing to her to take her daugther out of the country she lost. Set up.

662 days ago
216.

Bippie3    

It sounds like Gabriel was saying good-bye to Nahla in the driveway and Olivier got in his face and tried to rush him.

662 days ago
217.

Joao    

"...missed the brutality". How TMZ gay can you get.

662 days ago
218.

Aribellais    

This is all very convenient for Halle who has been trying to take Nahla away from Gabriel and just lost in court to take her out of The States. France wants Halle like England wants Madonna. HB is trash ~ America, you can keep her!

662 days ago
219.

Hugh Jass    

Monsters Brawl would have been a good headline teaser.

662 days ago
220.

lisa    

That's not the full story. Halle Berry is evil. She has no interest in what is best for her daughter. This was a set up. A fistfight is NOTHING compared to a hit and run!!! Nothing Ms Berry.

662 days ago
221.

bring back recent posts    

...HONESTLY.....I just feel so bad for Nahla...3 grown adults can't peacefully make a transfer in the best interest of a friggen CHILD!!!!!!!!!!!!!!...GROW UP ALL OF U!

662 days ago
222.

AgentF    

Halle Berry & mobbed-up Martinez are both dirty in this. Who's Martinez anyway, her husband? He has no right.

662 days ago
223.

Cinner    

Gabriel is SO smokin hot and he is a good and involved father. HB treats him like ****!

662 days ago
224.

whatever    

As a mixed french Canadian, I sympathize with Mister Aubry and his misfortunes. Nonetheless, the way that they have both behaved (Miss Berry and Mister Aubry) is somehow disappointing.

French Canadians are, generally speaking, very pacifist, friendly, enjoyable and good looking person. It just happened that Gabriel had to marry such a disgusting woman...

662 days ago
225.

BOBCAT    

thats a great way for the judge to change their mind about halle being able to relocte with the daughter to france ... the X better realy think about the future out come of custody battle and childrens welfare just not good analogy

662 days ago
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