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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.



1013 COMMENTS

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256.

JLS    

This was an orchestrated hit on Gabriel after he won this week and Halle can't take the kid and move to France. They decided if they could set this kind of crap up, the judge would prohibit Gabriel from seeing his child altogether and that would make them able to move anyway. GET IT? My God, Halle is really an awful woman.

515 days ago
257.

AgentF    

Its all too convenient - no witnesses other than Berry, a "citizen"'s arrest and a judge on speed dial for a restraining order - who are we kidding?

515 days ago
258.

Kash511    

Uuuuuuugh!!! That's Gabriel's child! Halle started this mess!

515 days ago
259.

Jem    

You just KNOW that people would be singing a different tune on here, if Gabriel was African-American or Hispanic.. TMZ has the biggest number of racists, and just general misanthropes ever, so it's no wonder they're all rallying behind this guy. They're only rallying behind him because he's a white guy with blonde hair, and model looks, and he's up against the black/mixed female. Racism is alive and kicking in the good ol usa, it just doesn't get expressed at your local deli or on the street, but on internet sites like TMZ, where people can spew their venom but hide behind a computer. People know about Gabriel as much as they know about Olivier, as much as they know about Halle. Yet they still proclaim his innocence as if he's their kid. That's crazy. You're just blindly defending someone you don't even know. You have to remember that Gabriel had to have supervised visitation because of the things HIS OWN DAUGHTER SAID ABOUT HIM TO CHILD SERVICES PERSONNEL, AND HOW SHE WAS SCARED OF HIM. Kids don't lie. Get it together. I bet that if Gabriel killed someone, people on this site would be like he was provoked, he was provoked. Bull freaking sh*t. If everyone said, I was provoked, to justify a killing, there would be no prisons. Get it together.

515 days ago
260.

woodin    

The BF had no business being present at a custody transfer......

Halle set up.....

Ex Halle fan...

515 days ago
261.

Kiss This    

Ahahahaha Gabriel got his ass beat!

515 days ago
262.

lilkunta    

how could olivier mak a citzen's arrest when he isnt a US citizen? gabriek through 1st punch but olivier was far more aggresive '7 did more damage so why isnt olivier being boooked?

515 days ago
263.

Demi    

Olivier made " a citizen's arrest " ? Citizen of where? Is that for real? He is a loser in it for the cash with the crazy crakie Halle. Halle Dingle Berry, you had better days. Looking rough too. Drink less.

515 days ago
264.

Throwback kid    

Despite all her wealth and fame, Halle still sees herself as that little girl who was abandoned by her father, this has caused her a lifetime of emotional pain and is the main reason Halle Berry is unable to maintain a healthy relationship with a man for more than a few years. And when it ends with Halle it ends bad, she always sees herself as a victim and can't just walk away. She wants revenge, it is her father leaving her all over again and she won't let that happen again. She seems very unstable and very immature for a woman who is now middle aged. I wouldn't be surprised if she has borderline personality. Halle is the center of her own universe and when something doesn't go her way she is unable to handle it, she just lashes out. For someone who has beauty, wealth and good health, Halle Berry seems to be just a miserable person and should get therapy right away. This new guy Oliver will be going through the same kaos with Halle in the future, she is unable to break this destructive pattern

515 days ago
265.

Forest    

Both these dorks need to call David Justice!

515 days ago
266.

Sunset    

I believe this was a set up and there is probably way more to it than TMZ is reporting. I find it hard to believe that Gabriel would throw a punch or puch Oliver in front of his child first. Oliver probably said something horrible to him. The timing is suspicious since Halle just lost in court and can't take Nahla to France. It is horrible that he now can't see his child when he is a good father. I feel so bad for Gabriel. There is only so much a person can take. Halle is an evil b!!ch! I hope Gabriel is allowed to see his child again soon.

515 days ago
267.

anaenigma4u    

Olivier needs to keep his mouth shut and stay out of it. This is an issue between Gabriel and Halle. Too bad this will show that Gabriel has "anger issues" although I would say that he was clearly provoked.

515 days ago
268.

Derrick    

Halle got that ill nana.

515 days ago
269.

Bolivar    

Someone needs to read up on the definition of "cold-****ed"... When someone is cold-****ed they don't keep fighting... they're knocked the F out.

515 days ago
270.

LuckeeD    

It's amazing how so many people seem to know both sides of this train wreck (rolling my eyes). I believe Halle has some serious emotional issues, and I also believe that Gabriel is a racist, gold digger with an anger problem. I can understand why Halle would be furious having to pay child support to some loser that can't keep a job, but she chose the bum so she has to lie in the bed she made. I also never understood why he wasn't on the birth certificate from the beginning. However, despite both of their many flaws, Nahla needs both her parents, so I understand the judge's decision. It's also very curious that both men weren't arrested.

But I know one thing for certain. If the races were reversed, most of the posts here would be totally pro Halle.

515 days ago
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