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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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286.

Sunset    

It is ridiculous that the protective order extends to his daughter when he did not hurt her at all. Thank goodness another site has reported that it is only in effect until December 3rd and he goes to court on Dec. 13th. I hope that they do not extend the order and that he gets a slap on the wrist. I am sure sleazy Oliver said something horrible to set him off and there is probably a lot more TMZ is not reporting. By the way, I remember TMZ had to admit they were WRONG about the so called fight that happened at the Jackson's house with Paris and Janet since they said that one of them slapped the other and then admitted that did not happen so they could be wrong about this. Their sources are probably Halle and her people who would lie in a heartbeat.

664 days ago
287.

Chartwiggy    

Halle absolutely manipulated this. Anyone and their mother can see through it. She didn't get to take Nahla to France so this is her retaliation. All these stories are one sided (Halle & Olivier's) for the media.It seems like HB and OM have been provoking him for years. I think this is exactly what she wants and she will be very pleased with this development. Because this took place at her house, are all the witnesses her friends/ employees? Now she will start a campaign to demonize him. One of her exes called her Scary Berry. I hope the courts are fair and realise the situation has been manipulated.

664 days ago
288.

susan    

Everyone knows halle is bitch!!! she wants to take Gabriel out of Nahla life and i would not be surprise that she set this up...that BITCH

664 days ago
289.

betty    

Martinez was out of line it was not his place to say anything to the father of that child and Hallie is using him to get back at the father because he won't relinquish his rights to her to do as she wishes with their child. You can see the kid loves her father and since Hallie is trying to alienate him she he will be sorry when that kids finds out later.

664 days ago
290.

Marie    

Olivier did this on purpose to get a reaction out of him. He and his bitch Halle set Gabriel up to make him look like an unfit parent so they can Nahla to Paris. I wish Gabriel didn't let it get to him but he did. Halle Berry is the biggest **** of them all and mark my words, Olivier will find himself in Gabriel's shoes one day.

664 days ago
291.

crazychile    

If anyone has every been in a custody dispute it is mentally,physically and emotionally stressfull for both parents and child. I hope the judge will give both parents a 2nd chance to work out the visitation with fairness on both side. Gabby pls go to anger management asap! I witness this situation w my hubby and his ex . Her punk ass boyfriend kept provoking my hubby and

664 days ago
292.

crazychile    

Cont: he wanted to kill him but I wouldn't let him...so my hubby had to take this jerk to court so it can be do***ented.....I wanted to choke the hell out of the ex but I kept my composure and kept my hubby calmed. It worked b/c my hubby won the custody battle and judge order the ex's boyfriend to not be present when mother have visitation w the child.. so pls be patence and make sure u keep a journal of all unwanted events and stay coooool.

664 days ago
293.

Audieme    

This is all for very sad...and very stupid. Halle leaves a bad taste in my mouth, it's just one dramatic thing after another with this woman!

664 days ago
294.

mr.howell     

Sounds like Olivier was the jerk here!..Gabriel was just dropping off his daughter..

664 days ago
295.

Mallory    

Dude....Gabriel.....you reacted just like they wanted. Now they've got Nahla. Total set up.

664 days ago
296.

UHHUHHH    

Scary Berry is at it again... setting up the father of your child, she will stop at nothing until she gets her way. Gabriel was pretty much just a sperm donor so she could have her dream "mixed" child

664 days ago
297.

SC Girl    

No doubt in my mind that Halle is behind this VERY coincidental fight ...if the bitch manages to pull this one off, then the very next thing she better start doing is bracing herself for all the KARMA that's headed her way...after all life don't let you have your cake and eat it too....

664 days ago
298.

lanie    

Halle is at it again. I wondered what she was going to come up next to try to get her way...

Interesting that the "leaked" photo --is of Olivier's wounds, not Gabriels...I wonder who could have leaked those pictures? Ho-hmmmm...

664 days ago
299.

Babydoll0630    

Anyone else not able to thumbs up or down? Not just broken, like page one......LOL.

664 days ago
300.

LightJ    

WTF that's bullsh*t why is Gabriel being punished for what Oliver started???? He has no say in his life with his daughter. Why can't he be near his child?? This is Halle still trying to start sh*t with the guy to make him look bad and take the daughter from him! She is still trying she is a vindictive succubus. I can't believe the judge gave what this c*nt was trying to get in the first place by constantly pushing the guy.

664 days ago
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