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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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76.

VERONICA    

HALLE iz doing da RIGHT thing by keeping Gabriel's CRAZY ASS away from her

700 days ago
77.

Twiz    

That just shows that Gabriel is NOT a father, just a sperm donor. Otherwise he would have walked away instead of starting a fight with his daughter present. He needs his parental rights removed for goid!!!

700 days ago
78.

Chincho    

It is a set up.

700 days ago
79.

GothamGirl    

Oh this is all Halle's fault. These tensions began when she tried to kick Gabriel out of her life because he served his purpose by providing her with a beautiful child.

700 days ago
80.

dd    

Didn't he freak out on the nanny also? Hmmm wonder if he has a drug problem....He can't be this stupid.

700 days ago
81.

Tommy Ates    

I don't understand why Olivier said anything to Gabriel anyway. The whole custody mess has been instigated Halle wanting to take Nahla to live with Paris with Olivier away from her father. The request was outrageous and though what was happened is very wrong. I understand why Gabriel blew his top over the man (he probably believes) is the cause of his very expensive custody issues.

700 days ago
82.

Kim    

Some of you people are really mental, he was the one arrested so clearly he was the one that started the sh*t, he is injured more, so if he didn't start it Oliver would have been arrested, and here were witnesses, sometimes you people let your hatred for these celeb cloud your judgement to the point of ignorance, I tell you, and some of these racist remarks. SMDH!!!!! sad.

700 days ago
83.

Spilled Milk    

All of you idiots bashing halle seem to have forgotten, her ex was a physically and vebally abusive racist, hence the reason they arent together in the first place....he's a piece of sh*t and deserved every injury

700 days ago
84.

Mesadabree    

Fighting in front of the kid. Good move dad!! "we have to move on" is no reason to try and hit someone! Shame on him!!

700 days ago
85.

Jen    

I smell a set-up. Provoke Aubrey enough so he takes a swing. With a restraining order against him, they have made him look bad. Halle and Olivier get to take Nahla to France.......perfect! Yeah, not so much! Have I mentioned that I intensely dislike Halle Berry for trying to separate her child from her child's father. Sad, Sad, Sad!

700 days ago
86.

Leslie    

Gabriel is stupid for reacting that way, he already had won in his custody case and saw how hard it was to win so he deserves to lose this fight for being so stupid

700 days ago
87.

Mesadabree    

This crap is redic. All involved are adults and should ALL act like it.

700 days ago
88.

Caliwestsidegirl    

I can't stand Halle. She is one SELFISH f*cked up Biatch. Just because she and gabriel are no longer together, doesn't mean she can take away Nahla from his Father. It's soo wrong and soo UNFAIR!

700 days ago
89.

Jordan    

Halle Berry will do anything to cut Gabriel out of hsi daughter's life. no sympathy for her, as she is always seeking attention. She is not worth any fight. This is her scheming in order to take the little girl out of the country. Shame on the judge who does not see the scheming of the poor attention starved Halle Berry. The little girl needs to be able to be with her father without her nutjob mother trying to flee with her bcause the father no longer ants her. The boyfriend should have just stayed out of it. He meddled, and what man wouldn't have beat his ass

700 days ago
90.

renee    

I have always been in Gabriel's camp. Still am, and I am a separated Mom. I think Halle is a horrible Mom.
This child needs both her parents. She will use it against him, Could Olivier have been manipulating this and getting Gabriel to punch him.

700 days ago
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