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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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46.

Barbara    

I agree with Suzanne completely.

513 days ago
47.

Grandmaof3    

Used to like her, now can't stand her! With all the deadbeat parents out there, she should be thankful that Nahlas dad wants to be a constant part of their daughters life! What a disgrace she is and a terrible mother!

513 days ago
48.

3Storms    

He's a "kept man" and a gold-digger that poor Halle is never gonna be rid of.

513 days ago
49.

dreamon    

When will Martinez be charged, TMZ?

513 days ago
50.

jamba8    

CPS needs to do their job and get Nahla out of Halle Berry's house.

513 days ago
51.

Vesna    

How many man left her? She is a psycho! Good looking one but still sick one!

513 days ago
52.

Firefly    

What scares me is that IF Martinez gets Halle and Nahla in France that something is going to accidentally happen to Nahla. Either she is going to go missing or he will say someone kidnapped her when in actuality he smacked her too hard because she wanted to go home and see her daddy. So if he does something to Nahla he could get away with it over there if he covers his tracks. France does not extradite its nationals; rather, they are tried before French courts. Also if Halle tries to break up with him he may break her face like Gabriel or worse. Halle is making bad decisions with this weasel in the hen house.

513 days ago
53.

lanie    

Highly unlikely because he was beat to a pulp.. Good luck getting a jury to decide that HE was the one who should have been arrested for assault... when he's the one with the battered face and ribs--with no injuries to his hands... while Olivier's injuries appear to be only on his hand...

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And who beat who?

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Perhaps law enforcement should stop sucking celebrities a-sses... and start looking at situations more objectively...

513 days ago
54.

UZURBRAIN    

I find it absolutely crazy that the majority of the comments are so hateful. None of us were there and know what happened. It cool to comment but to blame someone and call them such nasty names and wish the death is just beyond necessary. You all act as if it was you or someone you know personally that this happened to. I love reading the entertainment mags but the majority of you need to take Zanny and chill out. Geesh. I'm sure the nasty comments will come my way now. Ready set Go! Weirdos!

513 days ago
55.

Ann    

Never thought I would side with Aubry, but I am thinking he would be the better parent for the child.
Halle has lost it and this current boyfriend will last as long as her other relationships.

513 days ago
56.

LISA    

MUTUAL COMBAT? Did the police really say that? Looks more like Assault Bodily Harm to me. I have a feeling Gabriel is about to make a big move.

513 days ago
57.

TT    

This whole thing smell fishy. I think its setup by Halle Berry who probably psyche up Olivier before they met. She might be the mastermind behind the whole thing.

512 days ago
58.

Surelock    

You people really need to get lives! all this hatred and you don't know these people for Adam, So sad, and by the way I have been in this situation NOBODY wins just a lot of money spent.

512 days ago
59.

jetfanglo    

i think it's (the 'fight') part of her master plan to get the courts to allow her and her child to leave the country.......her best acting job !!!!!!!!!

512 days ago
60.

Kblesh    

Almost a week later and I still don't get why it's so hard to fathom that maybe Gabe actually started a fight that he couldn't finish? It happens. Sometimes our fists don't match our egos.

512 days ago
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