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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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301.

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.

610 days ago
302.

Bill Leslie    

haha - that is one broke azz swoll up paw

610 days ago
303.

jo    

Why was Martinez NOT charged as well?? By reading the report it sounds like Gabriel was being baited and Martinez got more and worse shots in then Gabriel! Any father or parent who loves thier kid(s) and feels threatened to have them taken away in a custody case knows you become VERY EMOTIONAL! If he didn't love Nahla and feel pushed into a corner he'd be alot calmer. Martinez KNOWS this and so does Halle so they used it against him in front of Nahla. Shame on Halle. Martinez needs to STAY OUT. Nahla is not his child and if roles were reversed Martnez would be just as emotional and ready to fight back. The fact that only Gabriel was charged when its clear BOTH men were fighting is another clear sign of Halle using her money, fame and connections and Martinez's to control the situation to her favor. Judges aren't stupid Halle and despite how your media friends will skew the facts, a judge will see this incident and Martinez's poor judgement, emotional baiting and own violent behaviour for what it is. Yes, you need to move on and let Nahla have quality time with her biological dad who loves her dearly and quit threatening tear her out of his life with your money!

610 days ago
304.

jo    

BTW why is there NO pics of Gabriel's injuries to his ribs and face? Hmmmm...let me guess TMZ was told not post them? Cops were told to not do***ent them?

610 days ago
305.

Friend of Heathers    

I can't believe Halle thinks she should just be able to pack up and move with her daughter and shack up boyfriend to France totally ditching Gabriel the father to Nahla. What does she think a dad is, totally irrelevant to a girl's life? Doesn't she see how many girls are messed up cuz of no dad and this guy wants to be a dad! She is so wrong with her priorities a father cannot be replaced. Gabriel has just had enough, who does this Oliver think he is taking Gabriel's place and telling him it's time to move on. What nerve! I'd have punched him too!

610 days ago
306.

sweetbaby    

Gabriel...I am on your side and know that Halle is a vindictive person. You just had an amazing win in court.....so why do this to taint your good standing?
I would ask the court to provide a liaison for pick up and drop off...Much easier to avoid conflict. I had a similar situation with my exes new future ex...trying to play "mom" and I wanted to take her head off...but I always kept my cool. She was not worth me going to jail for.

Try to remember that your every move is under a microscope right now.
Build some good will and be the bigger parent. You should apologize for your actions...blah, blah, blah.
What I AM TRYING TO SAY IS , JUST OWN IT.
Settle this BS matter quickly, which we all know was a total set up by Mommy Dearest.
She is a bad mother model in my opinion and is damaging her daughter by her spiteful actions.

Move forward and involve yourself in Nahla's life as much as you can. Just look the other way where her mom is involved. Get a hot new girlfriend and be seen out and about doing charity work : ) Good luck and stay close to your little girl!

A Friend

610 days ago
307.

Ann    

They set him up

610 days ago
308.

Pink    

Olivier, "We have to move on", seriously this is none of your f_ckin business you move your bird face on, its between Halle's ole broke down looking azz and Gabriel, stay out of it you dried up rooster. Well we will she how you feel after some more time with crazy azz Halle, bet you will want to move then, douchebag.

610 days ago
309.

jhene0814    

I hope Halle get full custody! Gabriel called her and nahla n*ggers and shoved Halle, I wouldn't want that man in my child's life either!

610 days ago
310.

john    

Gabriel, when you have a kid with a wh*re this is what happens.

610 days ago
311.

Dawn    

Lets see, this all started because Gabriel REFUSED to do as he was told! Then all of a sudden He is charged with battery against HER nanny, the charges were dropped & found there was NO evidence! That doesn't work, so all of a sudden she wants to tear Nahla away & just take her to France, THAT doesn't work & VOILA here we have an orchestrated set up! We are to believe that they - Gabriel & Halles lap dog - saw each other at a party! Everything went fine, he comes to drop off his little girl, Oliver comes over & EVER so NICELY says - IN FRENCH - that "Hey buddy lets work this out for Nahlas sake" Then Gabriel LOOSES it, goes BALISTIC & starts attacking the man! Yeah that's right - I don't think there is one of us that believes that! Gabriel has told Halle she BETTER never bring him back to court under false pretense! So here we have the yes man causing the problems! WHY is Gabriel kept away from Halle & Nahla too? Bravo Ms. Berry & Mr. Martines this could be your best acting roles yet!

610 days ago
312.

SC Girl    

There isn't enough KARMA in the world for bitch Halle....

610 days ago
313.

imlamar     

Wow yall always blaming the man when these. Women got game too I have a four year old and this woman has put me thru everything give it up she ain't right she shouldn't even let him drop his child off with the other man there I'm sorry another man come in my face I'm going to confront him its a conflict so be it

610 days ago
314.

Sincerity    

It's not surprising that some of you posters "ERRONEOUSLY" believe that "TRIFLING AZZ" Gabriel Aubry is the victim. I'm quite sure that his attorney "CAUTIONED" him but he chose to disregard the advice. He's Nahla's father and was under "ABSOLUTELY NO OBLIGATION" to engage in any communications "FRIENDLY OR OTHERWISE" with Olivier Martinez. He should have simply gotten in his car and left, PERIOD!!! If Gabriel Aubry was being "VERBALLY HARASSED" by Olivier Martinez he should have taken the matter up with his attorney rather than resorting to "PHYSICAL FORCE" to deal with the situation. Anyone who would allow themselves to be drawn into a "PHYSICAL ALTERCATION" that could have easily been avoided is simply a "FOOL"!!! He was "STUPID ENOUGH" to throw the first punch and now he's "PAYING THE PRICE"!!! IT COULDN'T HAVE HAPPENED TO A "MORE DESERVING" PERSON!!! HAPPY THANKSGIVING, GABE!!!

610 days ago
315.

Gretel    

I think all three of them should grow up and consider the child for once. I'll give Aubry a few points though, because I assumed he was simply a pretty boy but I guess he can give as good as he gets in a man-fight. Or maybe it was two pretty boys fighting. Not sure.

610 days ago
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