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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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91.

BigWilly    

and once again being a rich celebrity gets you out of trouble

633 days ago
92.

Jordan    

When Aubrey gets the restraining order lifted against him tomarrow he needs to go to family court and tell the judge the pick up of his daughter and drope off is no longer safe at Halle Berry's house and they need to meet at the police station every time for safety reasons.

633 days ago
93.

irishjess    

Olivier Martinez needs to go scratch... Nothing sexy about him, he must feel so important for almost beating a man to death... Why isn't HE being charged criminally? I think we all saw Pulp Fiction where Bruce Willis's character Julez is a boxer and instead of letting the other boxer beat him he delivers a punch that kills the guy, looks like the same thing almost happened here since we all know Olivier Martinez was once a boxer. Looks like Halle finally got around to watching Pulp Fiction and came up with this skeezy set up to have Olivier Martinez beat the crap out of Gabriel Aubry to the point where he could get killed... NO WOMAN is worth killing another human... But sadly Olivier Martinex has so much pent up anger and hostility that he doesn't quite comprehend this...

633 days ago
94.

Firefly    

What if the roles were reversed. Let's say that Halle had a kid with Martinez.. Then they break up and Martinez gets himself a new girlfriend. How would Halle like it if Olivier tried to keep her away from her child. How would she like it if he tried to take the child to France were she wouldn't be able to see her that often. AND what if Olivier set it up that his girlfriend who is a black belt beat the crap out of her when she came to return her child to Olivier. Bet she wouldn't like having that pretty face that she makes money off of messed up. Now wouldn't she be singing a different tune. She would have the cops all over the girlfriend and Olivier. See how fast things change when you look at it from a different angle.

633 days ago
95.

Firefly    

What Gabriel needed that night more than anything else was a Gladys Kravitz . She was the nosy neighbor on Bewitched.

633 days ago
96.

wuchutkinbout    

Yes kick his ass back to France. Gabriel Aubry may have been born in Canada not the US but at least Canada is on American soil.

633 days ago
97.

Cheri    

I want to know why Oliver even came out to the car, the nanny picks the child up from the car, so why this time. I think this hag set this hole thing up. The father would not do something like this just days after he won in court. I hope the judge is an honest Judge! Sorry he is a judge mmmm no honestly there for the rich

633 days ago
98.

Laura    

If you google Olivier Martinez, you see that boxing has been a large part of his life. And in an interview last month, be bragged about his powerful "left hook".

633 days ago
99.

Hazel    

Oliver should be charged with ATTEMPTED MURDER.

633 days ago
100.

SDH    

LAPD is not doing its job. They have no reason whatsoever, based on actual evidence, to believe the battle was mutual. it appears Olivier was the aggressor and worse, the whole situation was a set up. LAPD should arrest Olivier. No charges should be pressed, of coarse, against Aubry.

633 days ago
101.

wuchutkinbout    

One thing I never understood why does Gabriel Aubry or any Canadian born in North America, I'm talking people 'born' in North America not just a Canadian citizen born in another country. A person born on the continent of Europe be it England, France etc. has the right to live and work anywhere on that continent. They get a European passport. Why don't we, born in North America have a North American passport?

633 days ago
102.

Bigge S    

This is a typical case of Anabolic Steroids Rage a.k.a. "Roid rage". A sudden sush of uncontollable rage from someone who is using steroids. Oliver comes from an envronment where this is very common, the boxing world. Police should look in to this if only to exclude it sincwt can be a theath to HB and Nala as well. A normal person does not use that much "overkill" just to fend of a photomodel.

633 days ago
103.

Brite    

This message is for Gabe.

Nahla can be bought all the live white horses with wings on the earth by her stepfather and mother.
Nahla will have been told all sorts of stories about her father.
BUT in the end Nahla is a VERY SMART GIRL she will see the pictures of what her stepdad did to her DADDY.....She will figure it out for herself and Hate the people responible for what they did to YOU!

I wish YOU Gabe all the happiness in the world!

I would just stop physically fighting anyone ... just let Fate run it's course. Believe in Karma!
You (Gabe) and Nahla will be together for the rest of your lives.

633 days ago
104.

wuchutkinbout    

to clarify my last comment 'why does Gabriel Aubry or any Canadian born in North America, need a work visa? I am an aboriginal (Native American) we have the legal right to live any where on the continent man calls America. We do not recognize man made lines drawn on maps. It is all one land.

633 days ago
105.

Firefly    

Here's a little bit about Olivier Martinez. Take a look towards the end of the paragraph at a familiar name of a character he played. And the name of a movie he plaid in in 2004, How ironic.
~
Martinez first came to mainstream attention in Hollywood films with his performance in Julian Schnabel's Before Night Falls (2000) opposite Javier Bardem and Johnny Depp.[7] The screenplay is based on the autobiography of the same name of Reinaldo Arenas, which was published in English in 1993. The film was highly critically acclaimed, although Martinez's performance was overshadowed by that of Bardem in the eyes of critics. He was later noted for his performance opposite Diane Lane in Unfaithful (2002). He has since appeared in a television adaptation of The Roman Spring of Mrs. Stone (2003), S. W. A. T. (2003) and Taking Lives (2004). He also starred as Gabriel in the 2007 movie adaptation of Blood and Chocolate, a popular book

633 days ago
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