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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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61.

AimeeR    

Halle Berry about Gabriel Aubry on Oprah in 2007:

“He does what he says he’s going to do. He’s very honest. I’ve learned to really appreciate honesty, even when you’re saying what I don’t want to hear, because it’s the truth. I think I used to like hearing what I wanted to hear, and not necessarily the truth. He’s always his authentic self, never worried about being judged. He doesn’t care what anybody thinks of who he is. To walk with that kind of confidence, … and with integrity, I know he has ability to love me, love our children, and he will do that.”

631 days ago
62.

Firefly    

TMZ you suck putty balls! You might as well bend over and let Martinez ram you from behind. Are they calling you and telling you what they intend to do? Or is this wishful thinking on your part?
"The restraining order expires tomorrow, but Halle could go back to court and request a new one."
You just have to keep the sh!t rolling don't you? Why don't you see it for what it is and write about that. Instead of writing what you know will get people all pissed off to bring in more hits. (no pun intended)

631 days ago
63.

Readerofthisgarbage    

Wait until nahla sees his face

631 days ago
64.

Readerofthisgarbage    

Where is CPS?

631 days ago
65.

Readerofthisgarbage    

Deport ollie

631 days ago
66.

Readerofthisgarbage    

Halle go to France with your frenchman

631 days ago
67.

eivissa    

here that everyone!!!!

All you have to do when you know there is no camera is SAY that the other guy went to hit you.

This is the cops p*ssy way of getting out of the DOMESTIC VIOLENCE that they HATE.
"MUTUAL COMBAT" but only Aubry is the ONLY one with the freakin' bruses and cuts.
Olivier is going to get away with it.
f*cker

631 days ago
68.

Gsharon 710    

TMZ try pulling your head out of Halle's ass and see this serious situation for what it is. That bedmate of Halle's should not have even shown his ugly face when Gabriel brought HIS DAUGHTER home. Halle ruined the day for many who care about children and innocent people. She seem to like having people fight over your has been ass, with little thought to the well being of a daughter who has a biological father who loves her. I would not be surprised if Gabriel did not get jumped from the back. Was he in your house? Did he just realize you were sleeping with some *******? No. Your bedmate was mad about the court decision and money. If the courts could pull their heads out a bit, they will realize that Halle will be in court getting a RO against the present hole she is sleeping with. Halle, not everyone is blinded with your use to be beauty. Your actions puts your beauty on the lowerst step. Stop caring about YOU, and think about your daughter and enjoy her because once she is old enough, she will remember bits and pieces of your actions and words, and that will not be good for you. Selfish heifer.

631 days ago
69.

Laura    

Halle needs to dump that loser Martinez, and then she and Aubry need to get into some counseling, to figure out a way to raise that little girl without all this crap. I don't think the fight was mutual--look at Gabriel's face, and Martinez's hand is all that was hurt--and we know how he did that. I think Martinez was furious that he can't move back to France. They need to all grow up, for the sake of that child. And I think CPS needs to monitor the home life as long as Martinez is in the picture.

631 days ago
70.

David Larson    

When are these three idiots going to understand the damage that is being done to this little girl here. The courts need to wake up and put a stop to this stupidity.

631 days ago
71.

itsme    

well it looks like the noose may be tightening around helle and frenchie. they are looking less credible every hour.

631 days ago
72.

jen    

mutual combat??? WTF? the effin arse hole was a Boxer....he should be in jail....aren't his fist considered weapons? he should be charged with attempted murder...a boxer beating up a male model...please arrest this guy already...he and his GF, HB are s***...true s***...effin gaping arse holes...go to paris, please, leave the kid behind with her father

631 days ago
73.

Firefly    

This is one time I hope that nosy neighbors were peeking out their windows and saw the whole thing. Even better if they had their phones on them and captured the whole thing. Wouldn't that put a kink in Halle and Mr. Weasels plans.

631 days ago
74.

Michelle     

It kills me when people are calling Gabriel Aubry a "gold digger" despite the fact that hes the #1 male model in the world and because he asked for child support.

First of all he only asked for $20K a month in child. Which isnt a lot of money, especially considering Halle Berry's net worth. He could've asked for a whole lot more, but he didn't.

Also when he asked for child support that was after he was accused and cleared of pushing the nanny. I believe this was his way getting back at Halle for making in go through this. Which I can't blame him!

631 days ago
75.

Michelle    

TEAM AUBRY!! A father should NOT be taken from HIS child because the mother is a lying douchbag! Total set-up by this BIT€H and her BF. Will LMAO when Little Miss Halle gets her a$$ handed to her again in the custody battle. My opinion of her has drastically changed. She needs to take some advice from Katie Holmes and how unselfishly and gracefully she has handled THEIR daughter seeing her father.

631 days ago
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