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Gabriel Aubry

Started Fight ...

But Won't be Prosecuted

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


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.


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And why was Olivier there for the transfer of Nahla period. I think to finish what he started the day before at Nahla's school.

690 days ago


Again? The witness are not trustworthy. Leave Gabriel alone! The guy has put up with too much already!

690 days ago

BB not bb    

Olivier Marinez is a violent animal. He is probably jealous of how good looking Gabriel is. Someone mentioned that he is of Persian French heritage. Persians are Iranians and he could very well then be a Muslim. As such, once he gets to France which is practically under sharia law, he can hold Halle and that little girl like prisoners. If he gets them to Iran, he can lock her and that girl in the house for life and put a burka over Halle's head.

She had better get rid of that guy ASAP if she still wants to work and have freedom. I don't know why she even dumped Gabriel in the first place. He looks very nice and mild mannered.

To me, some creepy Muslim trying to hijack my daughter to a sharia dictatorship, IS A PROVOCATION. I think Gabriel needs a restraining order against Mr. Flying Fists and to get once to keep him away from his child. Not saying he can get one, but it is called for.

690 days ago


Hard to bring charges when they don't have a case? You were the only who were sticking by Team' Halle's fake report with the star-struck LAPD.

And Martinez dropped his fake charges after Aubry dropped criminal and TRO charges based on what their HOllywood powerhouse \damage control lawyers Berk & Holly hammered out.

Gabe gets to see Nahla, Halle & Ollie don't get arrest, go to Women's prison, get deported or lose custody (for now) with Ollie not be around Nahla or Gabe during any pick ups or hand-offs with more provisions for Nahla and Gabe's protection. The settled quickly because Halle & the bf's plan failed. Holly had enough blatant evidence of Martinez & Berry starting the fight, the tampering of the security cameras, filing false police reports , their bogus media spin that backfired.

If all ways true it would have ended different as well as Halle's other boggled attempts.

690 days ago


Pro Nahla and nieth pro Team Halle or Aubry. For those who believe Halle's bs and believe Gabe's a gold digger when Halle pursued him from day one and tried to buy him since day one from having their in-vitro child, here's proof he's been working since 2012:

Here are few campaigns 2010- present NOT BAD FOR AN UNEMPLOYED BUM . And it's not like it's Walmart clothing either. He's heading major campaigns. I'm glad that even though he makes a good living, Halle still has to pay, if for nothing other than pain and suffering! Helly Fishy is no joke!

Louis Vuitton Spring 2010 Campaign Preview | Gabriel Aubrey by Josh Olins

Gabriel Aubrey for Hugo Boss Selection Fall 2010 Campaign

Gabriel Aubrey by Alexei Hay for Details September 2010

Gabriel Aubrey by Nino Muñoz for True Religion Fall 2011 Campaign

Gabriel Aubrey for Hugo Boss Selection Fall 2011 Campaign

Gabriel Aubrey & Zhao Lei by Stefan Armbruster for Hugo Boss Selection Spring/Summer 2012 Campaign

Chow Yun-fat & Gabriel Aubrey Star in a Mysterious Fall/Winter 2012 Campaign from Boss Selection


SIMPLE GOOGLE SEARCH for all the trolls who don't think Gabriel is working! d=ie7&rlz=1I7ADSA_enCA363

690 days ago

just because    

that is usually what happens when you try to fight someone and get your a$$ beat to smithereens

690 days ago


Again, nice try TMZ. No matter how much you and Team Halle want to spin this in their damage control, the court of public opinion spoke out and it will be along time for Halle to settle what's left of her rep. Who knows how this will effect her future work or her current and future endorsements will end up. The fact that probably 100s of 100s spoke a\out and weren't buying Halle & Ollie's bull**** . plus the possibile criminal /legal issues against them , product boycotts, the fact that Ollie has blown his wishes to re-vive his non-existent film career in the USA, etc..

690 days ago


Who cares, Olivier needs to be slapped, if only for being ugly and he needs to stay out of the businezzzz its not his child, he should just chill and marinate in all that ugly and wait for the time that crazy bitch will have him acting a dang fool in public while he whoopin on that azz, then he'll know Gabriel had to deal with her psycho azz can't ever keep no man self, but until then i'm just happy for Gaby baby and lil Nahla :)

690 days ago


sorry the multiple posts and I haven't had my coffee yet...TMZ also forgot to post that the only reason that Aubry was there with Nahla on Thanksgiving because Halle asked if she could have Nahla for the holiday when Gabe was supposed to have. Set up.

690 days ago


I thought he broke up with her? Maybe he's having issues with the child custody battle and NOT the breakup. Since the split he's been called a violent racist who maybe abused his child by Halle and her spokespeople.....that would piss me off if I was him. Don't know if any of its true but that's what's happening.

Too bad the police didn't have video footage of the fight. There's still going to be debate within these comments on whether people believe that the cops were given the most accurate info, considering there was no law enforcement there during the fight. The video footage would have made it indisputable (I think).

690 days ago


Right. TMZ and you know this is the truth because?????

690 days ago


LMFAO at "It seems he's still having a hard time getting over his break up with Halle."....YEAH RIGHT.It's pretty clear that Halle Berry pulled of her greatest performance yet and convinced the cops of her version of events. BTW I'd have anger issues too if someone was trying to alienate me from my own child by ANY means possible......yeah dealing with Halle Berry would drive me nuts too.

690 days ago


what the hell did the SOB want to talk about anyway?

690 days ago


TMZ was WRONG about the judge rejecting Aubrys attempt to get the restraining order dropped. Now TMZ is wrong about what happened and who started the fight. The LAPD does not know what happened because they were not there. How stupid can they be to believe halle berrys version of events.

690 days ago

Grandma of Four    

Something just does not add up. Clearly, something was said the day before at Nahla's school between the two men. NO ONE has denied that. Then we have the driveway altercation with Gabriel getting the smitherins beating on his face. Lots of restraining orders put in place. A citizens arrest. Martinez was all smug the next day and then the court of public opinion weighed in! Four days AFTER the fight, Martinez suddenly has a brace on his hand! Gabriel goes to court with his version and suddenly, everything is dropped with Gabriel getting to see his daughter again and Halle smiling and waving at the paps for heavens sake! I think the PR people got to Halle and told her loud and clear, "knock it off, keep the brut away from Gabriel, and give it up, girl before you have no career left." Comments???

690 days ago
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