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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

No Avatar
46.

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.

513 days ago
47.

Marilyn    

A child needs her own father especially one who so much wants to be in her life!
Halle is 100% selfish & wrong, wrong, wrong & I too can't stand any product she endores or is the spokesperson for. She is very damaged un-commercial goods.

513 days ago
48.

FLO    

I believe that Halle staged all of this to get Gabriel out of Nahla's life so she can take her to France.
I can not see Gabriel Aubrey starting crap like this in front of his daughter.

513 days ago
49.

namers    

Quiconque vit par l'épée, périra par l'épée.

513 days ago
50.

peter    

if i was gabriel , i would go for full custody ...oliver needs to understand that he is not nahlia father , simple as that ..if i was the judge , i would strip halle of child custody ..there is more to this than what is being said ..

513 days ago
51.

Dean    

Oh please . Gabriel won why should he start a fight . The truth is that Halle yelled , maybe even because Gabriel was late and Oliver said rude and mean stuff in french and possible pushed Gabriel .
Where was Halle in all of this and why did Oliver even talked to Gabriel ?

513 days ago
52.

Zoe    

I feel sorry for Gabriel. He is just plain sick of Halle and her games. Oliver has no business in this. He is not father and should not be saying anything to Gabriel. I'm sure Halle is just loving this and will milk it for all its worth. She's the one who should lose custody of the kid.

513 days ago
53.

bon    

She sicked her pit bull on the guy. The woman is a power tripping psycho. But she's pretty, so men flock to her. But she twists them all up.

513 days ago
54.

OH NO!    

Bringing the Ghetto to Hollywood. Awesome!

513 days ago
55.

Dennie    

This is so incredibly sad. I used to be pro-Halle until she started this battle to keep a daughter from a father, a man no one has ever had a negative thing to say about his fathering skills. The one who will lost the most out of all of this is Nahla. Poor thing.

513 days ago
56.

Googie    

Hmm, could it be more like Halle & Oliver put a plan to start a physical fight with Gabriel when he would have to drop off Nahla at Halle's house. Plan was to blindside Gabriel, knowing knowing Gabriel would have to defend himself. This was a ploy by Halle to have conveniently her witnesses say what she wants just so the Court will change the order. Hell hath no fury as Halle not getting her way.

513 days ago
57.

Ginger    

She will stop at nothing to get Gabriel out of Nahla's life. She is a selfish woman. Her daughter is the one who will pay for this but Halle doesn't care. She wants to win. No doubt in my mind Gabriel was provoked. Halle will keep pushing til she gets her way.

513 days ago
58.

monie roche    

a thought...how come the police charged ONLY gabe if he is knocked out and then taken to the hospital...MUST BE WHAT HALLE AND OLLIE LIED TO THE POLICE ABOUT WHAT HAPPENED...and of course, the witnesses are on halle's side no matter what...WHY DIDN'T THE POLICE ARREST BOTH OF THEM???...that's usually the way the cops handle these kinds of things...and how come halle never picks up the kid at gabe's house??...but the court should have long ago ordered a Neutal third party to prevent any possible problems.... NOW THE BIG PROBLEM: will children's protective service FALL for halle's oscar performance again???....remember last time they sided with her, but at least the judge overrided their "celebrity awe" of this witch...gabe should be the one with priimary custody...so maybe halle and ollie should have been ordered to take anger management classes with gabe...

513 days ago
59.

Danielle    

I bet you Oliver started it. What better place to do it then at Halle's so her side could say it was Gabriel's fault.

513 days ago
60.

seamus     

Halle is a bitch. She will stop at nothing to ruin her daughters life. Halle thinks she is hurting her ex but the one being harmed is her daughter. I am sure Halle manipulated this situation and turned it into a fight that should have never happened.

513 days ago
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