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Gabriel Aubry

Criminal Charges

"Highly Unlikely"

11/28/2012 6:00 AM PST BY TMZ STAFF
EXCLUSIVE

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Gabriel Aubry almost certainly will NOT face criminal prosecution for the violent Thanksgiving Day brawl at Halle Berry's home ... law enforcement sources tell TMZ.

As you know ... Olivier Martinez made a citizen's arrest against Gabriel and he was booked for battery. We've learned the case will be sent to the L.A. City Attorney's Office Thursday, but cops will not make a recommendation as to whether Gabriel should be prosecuted.

Law enforcement sources connected to the case tell us ... the consensus is that the fight was "mutual combat." As such, we're told it's "highly unlikely" charges will be filed. 

Gabriel was not as lucky on the restraining order front. As we first reported, he got shut down in court yesterday when he asked a judge to lift the order prohibiting him from going near Nahla. The restraining order expires tomorrow, but Halle could go back to court and request a new one.

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299 COMMENTS

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1.

OH NO!    

GIRL FIGHT!

692 days ago
2.

Wash. Hts. Girl    

There is something evil about the almost washed up Helle . OK so she kicked this Gabriel to the curb because she was only interested in his sperm, but c'mon he is the father and loves his daughter. So for Ms. H to try and take their daughter far away and then when she couldn't get her way set up a fight between her boxer boyfriend and this skinny model who do you think was going to get the worst of it? Seems to me they should arrest Olivier as supposedly any boxer who has boxed publicly his hands are deemed a lethal weapon. Ms. Mama from Hell should be booked on conspiracy to inflict bodily harm. If she wasn't famous they would all be hauled off to jail and perhaps an inquiry made as to whether or not she is in her right mind and is fit to bring up her adorable daughter.

692 days ago
3.

Jordan    

Gabrielle was shut down for lifting the restraing order and tomarrow in court a judge will lift the one in place by the cops and Halle will get shut down for her knew restraining order then it will be back to family court where Gabrielle can file a restraing order against Halle Boy toy to stay away from Nahla. That is the fight Gabriel will win,

692 days ago
4.

Jordan    

Although it is California and the judges there might get star struck and side with Berry and her Boy Toy. But if they went to Law school and know something about the law they will do the right thing a place a protective order on Halle Boy Toy from having any contact with Nahla or Gaberiel and give Gabriel more custody of Nahla, And have Gaberielle show it is an unsafe house for Nahla they do not have security at the front door where any intruder can break in and cause harm.

692 days ago
5.

Jackie    

I hope the restraining order against Gabriel doesn't get continued. It really seems as if Halle Berry will do/say just about anything to keep her daughter all to herself. This custoday battle has been going on for like 2 years now and it seems every time Halle fails at keeping Gabriel Aubry away from the kid she comes up with something new. You know EXACTLY what would happen if they were allowed to take the kid to France.......Gabriel would probably only get to see her once a month for a weekend or something ..IF THAT...and Nahla would grow up only knowing Halle and Olivier (if that lasts...lol) as her parents and Gabriel as just some dude she has to spend time with every once and a while.

692 days ago
6.

Adrian    

TMZ and everyone else is obsessed with these three people.Why can't they handle their sh*t in private? Who is releasing stuff to the media?Whoever is talking to the media should stop. I don't think it helps to talk to the media and air your dirty laundry out there. This is going to effect the child even if they come to a resolution because someone is talking to the media. The kid will see all the rude nasty comments and never be able to live it down. For the child's sake they should handle it in private not in public with the media. They also need to work together and come an agreement but in PRIVATE.

692 days ago
7.

NOT ELMO    

CAT FIGHT !....

692 days ago
8.

Bitch please    

Why is even stupid bitch Hallehoe bag sending that french douche to get Gabriels daughter when he dropped her off. Is the bitch that lazy to go outside and get her kid. Oh yea i almost forgot, the C U N T bag and her closet case french douche set Gabriel up. Disgusting evil pig.

692 days ago
9.

Majestik    

So, in OTHER WORDS, TMZ. You fcuked up on the ORIGINAL first post at 1pm. You claimed Gabriel Aubry was SHOT DOWN IN FAMILY COURT and are STILL trying to sell that even though Radar On Line, Perez Hilton and HUFFINGTON POST proved you wrong.
.
We all KNEW right from the start, even the cops taking her and the Fiancee's word for it and arresting and detaining Gabriel that something wasn't right.
.
BTW, L.A. Law enforcement, AKA YOUR POLICE OFFICERS just proved their incompetence and with the backlash all over internet and the media and public they now need to state it was a "MUTUAL COMBAT"??????????? Dear LOS ANGELES POLICE DEPARTMENT, how does a guy who's been trained as a fighter, had no business being where he was, started a confrontation then beat the CRAPOLA out of the man he confronted become a "MUTUAL COMBAT?"
.
Well now, Halle, Olivier and there little plan backfired. The rest of the world is now asking WTF is up with Law enforcement in L.A. and this is the BEST they can come up with? Ohhhh goody. I'm going to bed for now, but be damn good and ready when I wake up six hours from now. I'm not going to be ripping Halle and her slave boy. I'm gonna go after the cops and courts about this shyte. I HATE injustice and that's EXACTLY what this is.

692 days ago
10.

LadyN    

Mutual combat? So no one is even going to listen to Gabe's side which is that he was attacked with his back turned. It sure doesn't look mutual to me. I really hope Martinez pays for his sick violent behavior. He needs to butt OUT of Nahla's life and allow her father to be he father. If he wants to move to France so bad, he should go alone. Halle isn't worth fighting for. Ugh.

692 days ago
11.

Contessa15    

Some of you people take situations of other people's lives wayyyyy to seriously, like really is it gonna kill you that gabriel got beat up? Is it going to screw up your life if halle doesn't stay with oliver? I think not so what's with the butt hurt? Many of you get upset like it's your issue to deal with...when it's not...another celeb will be dealing with some drama tomorrow and all your attention will be on that situation b*tching about the same crap

692 days ago
12.

TigerLily    

He is certainly the least that deserves to face criminal charges. Unless there's sufficient amount of evidence that 'Nahla' is in imminent danger while being around Olivier, it is unlikely that the judge can/will order no contact between Nahla and mother's fiancée. Although Children and Family Services/CPS will do their job if so. Best wishes and luck to Gabriel!

692 days ago
13.

bearforce1    

Just when you think Hale Berry could not possibly get any more foul she does this.

Halle Berry thinks she is above the law. She has to share custody of her daughter with the father because this is in the best interest of the child.

Halle Berry is trying to pervert the course of justice. Halle wasn't happy with losing the custody case and so resorts to physical violence and manipulation of the police and the courts.

I truly hate Halle Berry.

692 days ago
14.

marymac    

Gabriel’s injuries were horrific, why no criminal charges against alien Martinez? Cops are so sickeningly star-struck, jeeze. No wonder Hit-Run Halle & other celebs try to get away with crime, the LAPD is there to help.

692 days ago
15.

Shaunie    

I knew that was going to happen. It's LA. Even if somebody went to jail they would've gotten out due to overcrowding.

692 days ago
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