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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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76.

Celeb Gossip Maven    

It really shows a lot about Halle and Olivier's character that they would stoop so low as to resort to violence and alienation to get what they want. Instead of focusing on themselves, they should be focusing on what is best for Nahla. If Halle wanted a child all to herself, she should have found a sperm donor that would sign away his parental rights. Like it or not, Gabriel loves his daughter and is going to be apart Nahla's life whether she likes it or not.
Olivier should really do some soul searching to see if Halle is worth all of this drama. If she does it to him, she will do it to you.

605 days ago
77.

getyalife    

This whole situation is unfortunate. I luv TMZ; however there is a beautiful innocent little girl involved I personally think its time to give them some space,and time out the media. God bless the innocent child involved in this whole ordeal.

605 days ago
78.

Vivian    

GABRIEL IS A VICTIM OF THIS COUPLE THAT PURPOSE HAS STARTED AS A CHILD TO LIVE IN FRANCE. That justice prevails FAVOUR OF GABRIEL.

605 days ago
79.

itsme    

I wonder if Gabe will pursue further action against Frenchie in court. If he filed a civil case against ol' Frenchie, poor ol' Frenchie would not stand a chance. A jury would easily convict him in a civil case. Then ol' Frenchie would have to cough up some cash for his vicious assault and lies on an innocent man

605 days ago
80.

itsme    

I love that Gabe's attorney is not just a woman, but a black woman! Helle's gotta just be outta her mind over that! LMAO!

605 days ago
81.

Vivian    

GABRIEL IS A VICTIM OF THIS COUPLE THAT PURPOSE HAS STARTED AS A CHILD TO LIVE IN FRANCE. That justice prevails FAVOUR OF GABRIEL.

605 days ago
82.

Mandalay    

Reading Radar Online has made Halle Berry's plan totally clear (less bias reporting there). Gabriel Aubrey is Canadian and living in the U.S. on a work Visa. He will be automatically deported by law from the U.S. if he is convicted of child or domestic abuse. Halle has been throwing accusations at him (and all her ex boyfriends and multiple husbands) with every chance she gets. The courts saw right through her false accusations, so she and her fiancé tried this method (accusing him of attacking Olivier) to try to get him deported. They are pure evil.

605 days ago
83.

CB    

How could a person from France make a citizens arrest on American soil? Who told Martinez that was even possible? Something's very fishy here.

605 days ago
84.

DV    

Olivier decides to greet Gabriel at the door instead of the nanny who facilitates the hand off after visitation. Gabriel's statement says that in the middle of beating him Olivier said "We are calling the police." You're in the middle of beating someone and you say "We are calling the police?" That definitely gives the impression that this entire situation was set up by Halle and Olivier.

605 days ago
85.

Ronnie    

Mutual Combat? Gabriel got the brakes beat off his azz...dayum! more like punks jumped up to get beat down. Gab should have dropped of his kid and got the hell outta there instead of talking ish...

605 days ago
86.

esi    

Radaronline is reporting:

http://www.radaronline.com/exclusives/2012/11/how-da-could-help-gabrie l-aubry-avoid-criminal-charges

When Halle Berry's stalker, Richard Franco, was arrested in 2011, the Academy Award winning actress turned over "extensive surveillance video that showed him jumping over the fence and into her driveway. There were at least five different cameras used and the footage, which has never been publicly shown, is still in possession of the District Attorney's office. At least one of the cameras was positioned inside the driveway in 2011," a source close to the case tells us.

And it gets better.... Gabriel is working through the proper legal channels, which don't always move fast.

http://www.radaronline.com/exclusives/2012/11/gabriel-aubry-olivier-ma rtinez-fight-filing-police-report-assault

Gabe wants criminal charges brought against Olivier for beating the living daylights out of him on Thanksgiving," a source close to the situation tells Radar. "Gabe can't believe that he was the one arrested when he says he did absolutely nothing to provoke the attack. If you look at the pictures of Gabe's hands after the fight, there isn't one scratch, nor did he suffer any wounds to his hands, as Olivier did. Gabe says he was rendered defenseless because he was knocked to the ground by Olivier's punches. Remember, Olivier's father was a former professional boxer and he has trained for years also."

605 days ago
87.

itsme    

Shawn Holley is Gabe's attorney! I predict she's gonna kick Halle's axx and Frenchie's axx! LOVE it that she's gonna be a nightmare for Helle! Helle may try to play the race card soon here. Gonna be interesting to see what happens!
I encourage everyone to google Ms. Holley to read more about her! Fabulous choice Gabe!!! xoxoxo to our Canadian Gabriel!

605 days ago
88.

CB    

Maybe the fact that Martinez did the citizens arrest proves that he interferred with the court order. But I still don't understand how a Frenchie (non citizen) could do a citizens arrest and it's upheld by the law.

605 days ago
89.

Tmz Say What?!?!?!    

My thing is the drop off took place in the drive way of Halle's home. Gabe should of stayed in the SUV and let nahla go there herself ,if you see Ollie there why get out ALL PARTIES AT FALT

605 days ago
90.

eivissa    

my take
~

ok, so Aubry said Olivier whispered in his ear at Nahlas school and threatened him.
I think it was a FAILED attempt to get Aubry to start screaming and start a fight in PUBLIC. After all Halle tells everyone about his *alleged* temper. Aubry kept his cool and left with his daughter.
~
next day.
~
Olivier knows about twisted camera, his 2nd succeful attempt. And Aubry again kept his cool and walked away.
Halle violated the custody order by allowing Olivier coming out of the house and not court ordered Nanny.
Abry can file a contempt of court against her for this.
*Every time* Halle took Aubry to court SHE LOST.
I do not believe halle AT ALL.
I BELIEVE AUBRY.

605 days ago
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