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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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16.

Luna    

Evil witch! This woman should be lucky Gabriel wants to be ib his daughters life. He has rights just like she does. What makes her think she has more rights. And does she think Oliver will stick around if their relationship ends?

662 days ago
17.

GothamGirl    

Stop treating this man like a criminal! The DA should consider charges against Martinez and Berry.

662 days ago
18.

aquanet    

Martinez has no place in this. Stay out of the child custody BS- She's not your kid. She has parents. Let them work it out with out your "help". Shame on both of them for fighting infront of the child.

662 days ago
19.

smileandshine    

Hmm, seem's like they are trying everything that they could to bring Gabriel down so he can't see his daughter, and to try take that away from him because they dislike him. But whatever they try seem's to fail.

662 days ago
20.

ROTTIE    

Gabriel took the 1st swing but Oliver tamed his ass - Gabriel got his ass beat so bad Oliver and Halle are being nice to him and letting him off the hook - if he were any other man -throwing out the first punch - his ass would be prosecuted.

662 days ago
21.

genieinabottleofciroc    

Tht mam sure did a number on Gabriel smh...then did a citizen arrest...my ? is why was Gabby arrested with all those injuries. Cali really needs to step up their investigation techniques. I feel sorry for the baby tho. Alot of sites are saying tht she is autistic. All this fighting

662 days ago
22.

Zoe    

Gabriel should go after Oliver for criminal charges. The fight was obviously one side given all the cuts and swollen fingers on Oliver's hand and NONE on Gabriel's. Also they should go back 3 months on those cameras. She had 5 cameras and I don't believe at all that one of them weren't still pointing to the driveway given Halle's paranoid about security.

662 days ago
23.

Gretel    

My suggestion to Halle Berry is that she take a real good look at the damage to Gabriel Aubry's face. Not only was she the catalyst for the beating of her child's father, but his face is a good indicator of what's in store for her. She just can't break the cycle. Her little girl is not going to fare well in life using the lessons her mother is teaching her.

662 days ago
24.

Maddiiin    

TEAM AUBRY !

662 days ago
25.

college fighters    

The 7 Most Annoying Things About Hipsters - http://theawesomecave.com/the-7-most-annoying-things-about-hipsters/

662 days ago
26.

For Sooth?    

Martinez should be prosecuted if proven to be the aggressor, which seems likely given the info that is coming out.
And Halle should be made to look at the face of her daughter's father after he was brutally beaten by her malignant lover. Halle is doing an unbelievably cruel thing by trying to take their daughter out of country because her current shack up wants it so.
Heartless Halle

662 days ago
27.

Luz    

Judging by Aubry's face, it's easy to see who the agressor and the violent is! Martinez of course!

662 days ago
28.

JD    

Obviously that Frog Martinez was the aggressor and should be arrested and deported. I hate it when the non-biological *** giver gets involved between the parents. Just keep servicing Berry like you're paid to do. Maybe he could win the lottery too, but she's probably barren by now.

662 days ago
29.

72183    

Well the cops are not going to recommend any charges because they sure know who is at fault here! I knew he was not going to be criminally charged because the wounds he sustained look like he was taken by surprise! Halle needs to smell the coffee! Olivier does not appear one but disturbed by all these! All the pictures of him after the brawl he has a smirk on his face or he is smiling and laughing! This is a cold blooded human being! You damage the father of your fiancées daughter that you claim to love and still wonder around with a smirk on your face! Halle wake up and stop your manipulative ways cause you are next! Both of them deserve each other and they will rip what they sow! And for those black women in here defending Halle you are as peanuts as she is! I'm a black woman and I'm ready to boycott any product this woman is on! Im tired of her trying to be the victim in every past relationship and people believe her because she is a celebrity! Team Gabriel all the way!

662 days ago
30.

suzanne    

I will never watch another film with her in it. I think she and Oliver want to goad Gabriel into something so they can get the court to take away all his rights. Why does she want to move to France to get away from the Paps when that is were Diana was killed. It makes no sence.

662 days ago
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