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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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31.

Dean    

WHO said OLIVER didn't attacked Gabriel first ??? I mean seriously who says HALLE didn't attacked Gabriel first and he protected himself and then Oliver attacked him ?? He won why shoulld he start a fight . Makes no sense

698 days ago
32.

jimi    

you got knocked the f#ck out

698 days ago
33.

clara    

Ugh i'm sooo sick of Halle and her determined battle to replace Gabriel as a father of Nala with Olivier. She even had O's parents play the grandparent role. She will stop at nothing. Sickening...

698 days ago
34.

MichelleWW    

So he finally snapped and went off? How much can the guy take, seriously? She has seemed hell bent on making sure she keeps him from his daughter and doing whatever it takes to achieve it. They should've had a mediator handling the pick ups/drop offs because there is obviously so much tension between them.

698 days ago
35.

Jacob    

*writer shakes his head at Gabriel's stupidity*


Bad move. For one, Olivier has trained in boxing for years. Two, this is exactly what Halle wants; makes you look like an unstable father.

698 days ago
36.

ria    

Halle now got what she wanted...such a shame

698 days ago
37.

Barbara    

Olivier has no business getting involved in the child drop off at all. He is not a step-parent or a husband, and the courts are very clear about third party's legal rights. Butt out.

698 days ago
38.

hi    

i bet TMZ has the video of the fight,since they are not live tonight LOL

698 days ago
39.

Viewer    

I smell set up with "witnesses"! Halle is just a vendictive beyatch. I sure hope someone realizes this.

698 days ago
40.

clara    

Ugh i'm sooo sick of Halle and her determined battle to replace Gabriel as a father of Nala with Olivier. She even had O's parents play the grandparent role. She will stop at nothing. Sickening...

698 days ago
41.

monie roche    

so i think it went this way: oliver said something really nasty or said he would "still" be the father, even though he is the soon-to-be-ex-boyfriend...and oliver knows that with the court loss, he is stuck in los angeles, so he is quite mad and the french are so rude and want what they want...OH DID I MENTION OLLIE SPOKE IN FRENCH SO THE " HALLIE WITNESSES" COULD NOT TESTIFY AS TO WHAT STARTED THIS...really feel badly for gabe and hope he files charges against ollie...what a mess...this has halle imprint all over it...

698 days ago
42.

VictoriaGirl    

Everytime I see Halle's Revlon commercial (the one where she asks "you know what makes me feel really decadent?") In my mind I always answer "screwing over the father of your child?". I've lost any respect I had for this woman. Its horrible what she's doing to not only Gabriel but also to her own daughter, trying to alienate her father. Shame on her and her frenchie boyfriend.

698 days ago
43.

jill    

so the guy who doesn't get to move to france and is bitter was the one that went up to smooth things over and say they should move on? somehow that makes no sense. there's details missing in this story.

698 days ago
44.

ria    

Halle get your shiat together you are a grown mom.. I so understand Gabriel.. how low do you want him to go.. for gods sake he just wants to be part of his lil girls life . I stopped watching Halles failed movies a while ago.. she is playing a game to get what she wants

698 days ago
45.

beb    

Some thing sounds weird about this. He had just won against Halle & Olivier and he starts a fight. I think there is more to this. Apparently Gabriel only tries to fight with people either being paid by or sleeping with Halle Berry.

698 days ago
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