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Gabriel Aubry

Started Fight ...

But Won't be Prosecuted

12/5/2012 8:30 AM PST BY TMZ STAFF
EXCLUSIVE

1204-gabriel-aubry-halle-berry-olivier-martinez-getty

The verdict is in as far as cops are concerned ... Gabriel Aubry was clearly the instigator of the Thanksgiving Day brawl at Halle Berry's house 

Law enforcement sources tell TMZ ... detectives are now clear on what they believe happened -- Gabriel committed two batteries on Olivier Martinez before Olivier lifted a finger to defend himself.

As TMZ first reported, as Gabriel deposited Nahla at Halle's house Olivier walked out and said, "We have to talk."

Based on interviewing the principles and witnesses, detectives have concluded Gabriel then pushed Olivier (battery #1) and swung at his face, making contact with his shoulder (battery #2).

Cops say at that point, Olivier responded in self defense with 3 quick punches to the face.

What's more, law enforcement sources tell us they are "concerned" about what they believe are "Gabriel's ongoing anger issues."

As one law enforcement source put it, "It seems he's still having a hard time getting over his break up with Halle."

But here's the good news for Gabriel -- we've learned Halle and Olivier have both told detectives and prosecutors they do not want Gabriel charged with a crime because they do not believe it would be in Nahla's best interests.

Law enforcement sources tell us the case will be set for an informal hearing at the city attorney's office. The likely outcome is that Gabriel will agree to take anger management classes, although the the hearing officer could decide to just drop the entire matter after hearing both sides.

502 COMMENTS

No Avatar
136.

Michelle     

Take notes America! This is the type of bull**** that the L.A.P.D. pulls when the rich are involved. Can anyone say the name O.J Simpson? Gabriel has a few bucks but clearly can't compete with her 50 million dollar fortune. There is no way in hell that he threw the first punch yet had not ONE scar on his hands. Gabriel Aubry is around 6'4. I'm quite sure he can pack a punch. Problem is, he didn't get the chance cause Oliver Martinez whooped that ass ! Damn her for allowing that to happen to her child's father. Unbelievable!

630 days ago
137.

ruby120    

POISON BERRY has something up her sleeve! Don't trust that whack job for a minute! What is hilarious is how TMZ tries so hard to make Halle's stories look good, 900 people comment how Halle is such a liar, trash, evil, crazy.... and 2 people try to defend her. 1 her PR and 2 Harvey! lmao!

630 days ago
138.

Tammy    

Halle, Olivier and their liar guests can tell the cops whatever they want, but the fact that Olivier left the house and stepped to Gabriel is all I need to know. Just leave the man alone to father HIS child, Olivier.

630 days ago
139.

tami    

Quit wasting the courts time! I am sure Olivier is jealous of Gabriel...and Halle needs to just stop creating problems she always has and does! Make it stop!

630 days ago
140.

MrsTimberlake    

Yes Gabe is angry- for years the mother of his child and her boyfriend du jour have tried to keep him away from his daughter! Halle is still dirt to me and it's too little too late. Her true colours showed and the majority of the public agree. Team Gabe.

630 days ago
141.

Rusty Shackleford    

it doesnt matter who started what.

its Halle's fault for letting the new boy-toy interject himself in the situation. end of story.

630 days ago
142.

feliciar6678    

I can't stand Halle Berry!!!!! I think I am gonna give myself a break from this story because it makes me furious...I am still Team Gabriel all the way but if at this point in time if he still has feelings for Ms. Looney Tune then there must be something wrong inside of his head...This b**tch has kept you in and out of court for the last 2 years...But I wouldn't be surprised to know that she has the officer Thursday wrote this report on her payroll....I just pray to god that if Gabe still has feelings for this wack job that they diminish really quickly because this lady and her so called fiancee are up to something sinister

630 days ago
143.

marymac    

What a bunch of BS, idiot cops know they arrested the wrong man. Halle is vile and a horrible mother, poor Nahla.

630 days ago
144.

Sherry    

And let the Gabriel defense team begin here: He did it for his daughter-You people don't understand him-Hallie is a bitch-Oliver deserved it-You will never understand until you have kids. You people are so full of BS that it's leaking from Gabriel's new lazy eye.

630 days ago
145.

kadi    

ok so no security cameras were focused on the brawl BUT the GUEST did witness Gabriel start the fight????? I find it odd that the LA Police determined that Ollie was not to blame. Gabriel may have thrown the first punch BUT I believe Ollie & Halle poked & prdded him until he did, then cried fowl.

630 days ago
146.

kadi    

I don't recall Halle crying Gabriel had anger issues untl they broke up & she had to share her child w/ the father, then tried to move her child to another country w/ her current lover. Also WHY would Halle's temp. lover inject himself into a custody issue between mother & father????

630 days ago
147.

Randi    

Wow. She IS a good actress. The LAPD look foolish for taking their word for what happened.

630 days ago
148.

Simone    

Not in Nahla's best interest to prosecute? Or not in Halle's & Olivier's best interest to still look like the good guys??? Hhhhhhmmmmm......

630 days ago
149.

Patrick Henry    

Really, "poor" Gabriel was set up? He set his own self up with his nasty temper. Evidently he is not responsible as an adult with his buttons and weaknesses? Will he blow up when his daughter gets older and defies him? And why did he ask Olivier outside for a chat? More like a fist talking and he lost, against a stronger opponent. It does seem as if Halle is paying for him, 20,000 a month for child support? Why can't Mr. Model pull in that kind of money? Why are there so many Halle haters here? Are they paid much? Mr. Gabiriel is shown compassion by his victims and yet Halle is still a beyotch? Crazy fans here for sure.

630 days ago
150.

zombie    

The LAPD is always wrong, so it's nice to see they are remaining consistent in their practices.

630 days ago
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