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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

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151.

LISA    

TMZ is usually the first to break a story, but their “sources” can be biased, inaccurate or just plain liars. In this article, they even misquote themselves: ” … Olivier walked out and said, "We have to talk." Yet, in their Nov. 22nd article, TMZ claims, “…Olivier walked up to him and said, "We have to move on."


That said, how reliable is this information from their "Law enforcement sources"? These sources could be any employee of any law enforcement agency anywhere. It could even be a spouse of a law enforcement employee.

688 days ago
152.

Jillian    

Again, I call b#llsh it on this story! Halle & Oli are PIGS!!!

688 days ago
153.

Gwen    

I am too through! LOLOLOLOLOL! Wait a minute! The cops concluded that he can’t get over his relationship with Halle Berry? LOLOLOLOLOL! Y’all are killing me! I know if I was a guy I would want to be with a woman who has done nothing but trash me publicly since we split! Let’s see, he’s a racist, neglectful father, “good for one thing”, dead beat & his lifestyle doesn’t fit the one his daughter has become accustomed to. The list goes on and on. The biggest transgression is that this woman he can’t seem to get over has moved heaven and earth to remove him from his daughter’s life. He must be a sadist. Really, the LAPD and subsequent impartial reporters (sarcasm) should take up comedy.

Keep it up with the THREE blows delivered by Martinez. YEAH. RIGHT. I have boxers in my family. Can’t fool me! One does NOT pay the medical & legal bills of an aggressive, angry man or let said man immediately resume UNSUPERVISED visits with a child. I’m a betting woman and feel confident in saying he was paid “hush” money, too. Somebody needs to try and salvage their reputation. Team Berry is giving me life with this latest spin. Thanks, I needed the laugh.

P. S. Why was I originally banned? I have NEVER said anything that violates the rules of this site, with the exception of saying I don’t believe Ms. Berry. I'm noticing a theme.

688 days ago
154.

J    

How much $$$$$ did the police statements cost Halle...So the cops just took Martinez word for what happened...He never should have gone out to talk to Gabriel...Not his child...Issue between the parents...

688 days ago
155.

gatrees    

HB is a trip!! Got a huge laugh out of her pr team trying to spin that GA wants her back. LOL
She has proven to the world what kind of mom she is. wow, to try & alienate a parent. I'll NEVER watch a movie with her in it.

688 days ago
156.

intrigued    

Whatever! That's why Gabriel wanted the camera footage taken from Halle's house immediately. Now they want us to feel sorry for her, not!

688 days ago
157.

kay    

TO ALL THE WHITE PEOPLE, THIS IS "UNBELIEVABLE, SO NOT TRUE, GABE ISN'T THAT KIND OF GUY, THERE'S STILL NO EVIDENCE, HALLE SET HIM UP....BLAH BLAH BLAH" WHITE PEOPLE DEFENDING A MAN THEY DONT EVEN KNOW OR NEVER KNEW. YET STILL TOO BLIND TO THAT THEIR FANTASY IMAGE OF GABE IS JUST THAT...A FANTASY. SO QUICK TO BASH HALLE AND I DONT CARE HOW MANY HATES I GET OFF OF THIS COMMENT BUT ITS ALL BECAUSE HALLE IS HALF BLACK.

WHITE PEOPLE STICK TOGETHER. YOUR "WHITE AMERICA" IS DISAPPEARING AND THERE IS NOTHING YOU CAN DO ABOUT IT.

#WHITESLOSING #BLACKSWINNING

688 days ago
158.

Tim    

There are many men that would give an arm and a leg to sleep with Halle. I think an ass whoopin is well within the scope of things.

Well played Aubry, well played.

688 days ago
159.

Mark    

The headline should be Gabriel started fight....got his ass kicked.

688 days ago
160.

Someone's goldfish    

Gabriel and Halle are the parents. They need to work it out themselves. Olivier should not get involved.

688 days ago
161.

MAYBEITSYOU    

I still say if Gaby was asking for the security tapes to be checked he's not the one that started it. Why would the guilty party do that??

688 days ago
162.

CallingBS    

NOTHING is clear when it comes to these "detectives" at LAPD and Halle Berry. I love the part where one of detectives inserts his little opinion (or justification for his own bad judgement) that Gab must still be having a hard time getting over the relationship. Hilarious. One Life to Live LAPD. They need to stop justifying their LACK OF KNOWLEDGE and NEED to side with Berry. They don't like that ppl doubt them- the fact that they arrested the WRONG person so they are reaching to justify their actions and get the last word in on this. BS. As LAPD Turns.

688 days ago
163.

Olivia7    

Another Halle flack - every single one of RCG's posts have been on Halle articles. Halle - let go of the hate and get help!

688 days ago
164.

Kat    

Wow. I truly believe that Olivier was out their hoping there would be a fight between the two. Why else would he be out their when Gabriel came to drop his daughter off? Anger management does not look good for Gabriel in the judge's eyes and its just another win for Halle. Everything those two do is just to make Gabriel look bad. I am not buying for a second that it was self defense. I really hope that Nahla won't be taken away from her father. And really? Gabriel needs to get over Halle? I think that ship has sailed, he just doesn't want his daughter taken away from him because he is a good loving father. I hope Halle and Olivier don't get away with all their shena****ns.

688 days ago
165.

BeSerious    

I agree with Trump on this one. Halle is D.R.A.M.A. I think she lives for it.

688 days ago
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