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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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31.

Diane    

Ms Berry is no longer beautiful. Her personality has reached her face.

604 days ago
32.

lynden    

Aubry had no reason the start a fight with Oliver or Halle. These people were pissed that Aubry won and trumped this all up to make him look bad. Halle is a dispicable mother.

604 days ago
33.

72183    

And Tmz you clearly show your biased reporting on this story! You seem to hate Gabriel's guts! It is reported that the DA could actually help Gabriel avoid procecution due to the surveillance cameras might have been tempered with! Gabriel sworn statement for RO said when he lived with Halle, she made sure she had at least two cameras facing the door and the drive way! Why all if a sudden they are not facing the drive way for someone as paranoid as Halle Berry! That is the icing on the cake! And Shawn Holley Gabe's lawyer will hammer Halle hard with questions regarding the cameras!

604 days ago
34.

Rae    

This fight was not mutual combat. Gabriel was set-up to be attacked. Olivier should be facing criminal charges.

604 days ago
35.

bb    

I simply don't believe Hellberry's story about repositioning a camera to catch a trespasser. Sure, cops probably told her to make sure cameras covered all the property fences but with her sort of money she would have had a security team come and install a whole swanky new system before you could blink! This is a woman who gets police motorcycle escorts to take her and her kid to see a show. No way would she have a security system that just oh so conveniently had one hole in it! I think Olives and Berries repositioned a camera themselves because they didn't want any security guys ratting them out.

604 days ago
36.

Kassie    

Team Gabriel. According to other websites, when BHB (Bitch Halle Berry) had the stalker, she provided "extensive" video from at least 3 security cameras in the front of her house. BS on where the ONE camera was pointing and that there is no footage. Sounds like interfering with a police investiation and tampering with evidence. I think it's about time HB and OM are held accountable both in family court and with their legal actions. Mutual combat is a joke and TMZ, you KNOW a citizens arrest is not a police arrest. Stop being so pro BHB. She is disgusting. I am only one person but I will never support any movie she is in again or buy anything she endorses.

604 days ago
37.

Firefly    

I've been writing and crying out about the corruption of the LAPD and the DA for years now. They tend to have an agenda. Stars walk while the average man goes straight to jail. Can we say star struck? Or star Fcked? Somehow people with money there get off time and time again. Except when someone with more money wants that person to go down and is willing to pay for that privilege. We should let them know that they are being watched closely this time and that some people could be voted out of office if they don't straighten up and fly right. I am sick and tired of this unfair practice and if people don't call them on it it will continue. Remember it could be you or someone you know that could be up against these people in the future. Stop the insanity now!

604 days ago
38.

bb    

Yeah, no way would cops have told her to reposition ONE SPECIFIC camera that just so happened to be filming the driveway. They'd simply have told her to make sure that all her fences were covered by her security system. That story is such laughable bull, is that really the best they could come up with?

604 days ago
39.

Genjerleigh    

I don't know how Olivier isn't being looked at for criminal charges - its apparent by evidence that he went far overboard and needlessly beat the crap out of Gabe. He needs to be deported

604 days ago
40.

karlew    

This makes no sense. It was mutual combat but the douche bag fiance has access to the kid but the father doesn't? Look what Martinez did to Gabe's face. Really who is the violent and unstable one here? How long before he gets mad and does that to Berry or Nahla?

604 days ago
41.

insane1    

he got both of those eye doted

604 days ago
42.

woodin    

Halle created the situation and now attempting to exploit the situation via the court system to whip Aubry into control, particularly coming off her recent & huge custody loss.

Unfortunately Helle's has a habit of projecting her internal personal rage
onto her exs and her child is merely just another weapon to use....

604 days ago
43.

Anne    

I think Berry is nuts. Didn't see say in an interview with Oprah that she thought about suicide after breaking off of one of her relationships? There is something not right with her

604 days ago
44.

Barbara    

Halle Berry and Martinez are just wrong, wrong, wrong. They are just mad because they can't go live in Paris with the little girl. She is evil for not wanting her baby daddy to see his child. Did she forget that she must have loved him once. What is wrong with these people. The only one who will suffer is the child. It look to me like Martinez attacked Aubry and he should be charged with something. He could have killed him. Shame on Halle Berry and him. Grow up.

604 days ago
45.

Barbara    

I agree with Suzanne completely.

604 days ago
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