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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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316.

dede    

TMZ why are you not reporting that Olivier is the son of a former pro boxer, & that he himself use to box b4 he was an actor? I think that is important info in this case!!

638 days ago
317.

fanny    

i'm french and martinez's father was a boxer professionnal, himself was a boxer professionnal and stopped because mr wanted more money.he wanted to be an actor but he's 0 ..he talked to aubry in french, nasty things to have a reaction..oliver martinez you are a shame , you play the game for halle berry..you have no right to break a father and daughter........;; shame on you....;

638 days ago
318.

imlamar     

Halle set him up but she gonna reap what she sow! The Bible don't lie and why do everybody act up when the child is four years old? Could someone tell me that?

638 days ago
319.

Kaaka    

Damn!! despite her AGE, HALLE still have the goods that men fight and willing to die for.

No question she has that good feeling pusssssaaay.

638 days ago
320.

Lucille    

I do feel sorry for Gabriel in that he is truly crazy, always has been, and mental illness is horrible to suffer through. That being said, haters need to give Halle a break because she has had to deal with this man while people who think he's beautiful believe Aubry can do no wrong so they hate on Halle and it's not been fair to her or her kid, not ever.

Also, Aubry is never going to get better if people continue to be in denial about his behavior and mental condition.

638 days ago
321.

Peace82    

I agree w/most here. This sounds like a setup against Gabriel. Too bad for this little girl who I'm sure loves both parents. *smh*

638 days ago
322.

raven    

i can't STAND Halle Berry ... i believe she and Oliver set this up because they were angry that a judge refused to let her take Nala to France. i don't believe Gabriel started this at all. i'm sure he was provoked.

638 days ago
323.

TigerLily    

He totally fell for it! That is not Olivier's child, why he is involved in the exchange is beyond me, it's not like the parents have an amicable relationship.

638 days ago
324.

monie roche    

NOT ONLY WAS OLLIE NOT ARRESTED TOO...I AM STUNNED THAT THE JUDGE DOESN'T ISSUE A RESTRAINING ORDER FOR OLLIE TO STAY 100 FEET AWAY FROM NAHLA...THIS IS CRAZY...AND THEY WERE OUTSIDE IN THE DRIVEWAY, SO HOW COULD THERE BE ALL THESE WITNESSES...NOT A DOUBT IN MY MIND THAT HALLE AND OLLIE LIED TO THE POLICE...JUST THE DEGREE THAT GABE WAS BEATEN SAYS TO ME THAT OLLIE SHOULD HAVE BEEN ARRESTED...AND THE NECK INJURY LIKE SURE IT IS INJURED...IN BAR FIGHTS THEY ARREST BOTH PARTIES SO CLEARLY NOT ALL THE TRUTH IS OUT...BY THE WAY, WHEN IT GOES TO THE LOS ANGELES CITY ATTORNEY, NOT THE DISTRICT ATTORNEY, IT WILL BE A SLAP ON THE WRIST OR DISMISSED FOR LACK OF TRUE FACTS...BUT THEN OLLIE WILL SUE GABE WITH HALLE'S ATTORNEYS...MORE DRAMA TO COME...TMZ GET BUSY AND FIND OUT WHAT OLLIE AND GABE SAID TO EACH OTHER IN FRENCH...I BET OLLIE SAID SOMETHING LIKE "MY TIME TO PLAY DADDY...SEE YOU AROUND OR MOVE ON"...MAKES SENSE...

638 days ago
325.

monie roche    

JUST FIGURED OUT WHY ONLY GABE GOT ARRESTED...THE COPS DECIDED THAT THERE WAS NOT ENOUGH EVIDENCE TO BELIEVE ANYONE SHOULD BE ARRESTED...SO OLLIE WANTED GABE ARRESTED AND THE COPS HAD TO TELL OLLIE THAT THE ONLY WAY THAT COULD HAPPEN WAS FOR HIM TO DO A CITIZENS ARREST...IF OLLIE WAS A PRO FIGHTER, HIS HANDS ARE CONSIDERED WEAPONS AND SHOULD BE PROSECUTED...AND WHOEVER HEARD OF CALLING 911...HALLE DIALS 911 MORE THAN ANY CELEB IN LA....

638 days ago
326.

lisa    

I haven't watched or supported anything Halle since all this custody craziness started. No respect for her. None. She will never put her daughter first. She is jealous Nayla has a parent who loves her so much as she is wallowing in her lack of confidence and fighting her demons. Get help Halle. You are destroying your daughter.

638 days ago
327.

Discretion    

A lot of people on this post act like they know these people or this case SMH #PEOPLE COMMENTING AND ASSUMING WITHOUT A CLUE

637 days ago
328.

Nena_laiena    

Team Gabriel!!

637 days ago
329.

Lurker    

Both parents should be put in time out. Halle is not innocent in her manipulation and behavior in the custody fight. Since she lost the ruling in the latest court decision, I suspect that it was Halle and her latest boyfriend who might have been a little angry and started the fight. Why would Gabriel have started anything?? But I'm glad that he's not afraid to fight two against one in this battle. It never ceases to amaze me that if a dude was once good enough to pluck isn't good enough later. Then why were you plucking him in the first place? Who has the worse judgement?

637 days ago
330.

Tonya    

Lolll...You guys are talking like you were there. Everybody is feeling sorry for Gabriel, he's the one who wanted $20000 a month for child support, when they have joint custody. Leech!!!

For all who are saying it sounds like a setup up, if 5 words can make you so angry you attempt to punch a man in front of the daughter you love so much, you have anger issues.
Olivier..self defense
Halle...she has ALWAYS been crazy, her looks masks the insanity.
Oliver..RUN NOW

637 days ago
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