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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
256.

blueyeszz    

FIRST Halle and Olivier try to take Gabriel's daughter OUT of the country, then on Gabriel's designated day with his daughter, Halle and Gabriel PURPOSELY show up where they are...which was HIS time, NOT their's....then he drops her off AS he's suppose to and Olivier wants to have a "Talk"? And GABRIEL's the *Instigator*??!??!! HALLE is a spoiled b*tch who's not use to NOT getting her way. GLAD he won in preventing them taking his daughter to France and getting 20 grand a month from Ms.Moneybags!!!

684 days ago
257.

Toallthehatersoftheworld    

Halle berry looking old I guess she stopped caring about her looks

684 days ago
258.

letsleepingdogslie    

Im telling you people - IT'S LOOKING VERY MUCH LIKE WE HAVE A VERY DANGEROUS, SHORT AND DARK, MIDDLE-AGED MUSLIM TERRORIST LIVING IN L.A WITH A SMALL-MAN, NAPOLEON SYNDROME! WE HAVE TO DO OUR DUTY AND PROTECT THE USA!!! So let's all band together, and hell, invite the Canadians too and chant: NORTH AMERICA UBER ALLES!!!!! Let's smoke him out of halle berry's hellhole before it's too late!!!

684 days ago
259.

jwoolman    

Another thing for TMZ to use its CIA-like skills to investigate: How long was Aubry bleeding and unconscious on the ground before the police showed up? Shouldn't be hard to do some time comparisons based on when he left home. Did the police show up preternaturally fast, or did Team Halle actually have quite a bit of time figuring out how to spin it? Also of course find out WHO was called by Team Halle - her friends in the department that she hires as security? 911? An ambulance? A cab? Neighbor TMZ Harvey? Just curious.

684 days ago
260.

Sincerity    

Of course, no charges will be pressed by Halle Berry or Olivier Martinez as long as Gabriel Aubry "BEHAVES AND KEEPS HIS DISTANCE". This "LOSER" is "WALKING ON THIN ICE" and can't afford to lose his "MONTHLY CHILD SUPPORT CHECK "!!! At this point, I suspect his objections to Nahla living in Europe have "softened" A GREAT DEAL!!!

684 days ago
261.

charekay    

So now we know....the LAPD is on Halle's payroll. If Gabriel actually started this fight, there is no way Halle would have dropped anything. The odds were stacked against Gabriel. Halle: multiple witnesses, Gabriel: 0

684 days ago
262.

mindy    

The police handle a lot of cases like this and their observation should be listened to. Is it going to take him killing Halle before something is done?

684 days ago
263.

lyn    

Why is it alright for men to pay child support but not women? And I don't think that it makes him less of a man. Is a women less of a woman because she gets child support? I don't think so.

684 days ago
264.

cusic    

Halle Berry has a habit of men being violent around her,,,,David Justice, gabriel, olivier.......I wonder how much of this is instigated by her? and from what the "cops say, Gabriel pushed and swung at olivier, yet he is the one with the busted up face and broken ribs.....yeah, definitely the agressor

684 days ago
265.

Marie    

Was that a herpes sore on Halle's lip?

684 days ago
266.

Marie    

Was that a herpes sore on Halle's lip?

684 days ago
267.

TomB    

The real but never asked questions--much less, answers--in all these types of cases: what did Halle Berry see in Gabriel to begin with? What does it tell you about her that she got involved with this character to begin with, and had a child by him? I do not believe that Gabriel underwent some character transformation after becoming Halle's lover. What he is now, he was when she met him.

It's not just about the defects of Gabriel. It's about the defects in Halle Berry--and females like her--that attract them to these flawed idiots to begin with.

684 days ago
268.

gloara brown    

This girl, Halle, is never drama free with her life ...she seems like trouble and something kind of off wack and I think Aubry the child's father is better off withut her...sounds like a nut to me and I think her NOW boyfriend hit Aubry first, but he is a professional boxer so they are covering up....Run dudes...run!!

684 days ago
269.

tonywestspeaks!    

So the "white" canadian jesus christ looking unemployed pimp was the aggressive one after all? (smh) LMAO! Should of known that white savage beast with a history of anger management issues was the one who started the brawl to his own first class a**whipping by Oliver. LMAO! :)

684 days ago
270.

towngirl    

Halle ani't all that either. She may be beautiful but she makes poor choices in men. From Wesley Snipes, David Justice, Shema Moore, Eric Bennet.When the incident first happen Gabe keep telling the POPO to loook at the video tapes, to see how the incident happen. If you know you started the fight why tell the POPO to look at the video. it wouds seem you would not want that little fact know.I t would not surprise me if her and Oliver may have threathen him or gave him money to say he started the fight. She can't keep a man for long in the end they all do the same leave her when they see the true person behind all that beauty.

684 days ago
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