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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.

503 COMMENTS

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Previous 15 Comments | 15 | 16 | 17 | 18 | 19 | 20 | 21
301.

ROTTIE    

@ALEX: Absolutely! That was some sht Gabriel Aubry started and got his ass WHOOPED into the joker costume - that mthfkr gets no SYMPATHY.

601 days ago
302.

ROTTIE    

POSTERS BEWARE!!! (new and re-posters) POSTERS BEWARE!!!:  There is a self-proclaimed (therapist) PSYCHO thera-distorted dck gargling mthfukr/self-proclaimed dck eater/ on this board (follow all the posts) – going by the username of  KISSYKISSY – STLAKER type btch – who will start sht on this board – but who will get a dck stuck in her throat - can’t gulp losing the sht.     FOLLOW THE THREADS BELOW:  and you will see this BRAIN GIVING extraterrestrial CONEHEAD – bring’n her whole damn family into this cyber sht – RED FLAG – taking this sht way too seriously!! – as I noticed, and ejaculated this btch GOODBYE!   It is in YOUR BEST INTEREST – if you have an opposing view to this therap-dckbreath-ist to IGNORE this btch as the CYBER-SCHIZO-GENIT-AL-SUCTIONING-STALKER  BTCH – who (follow the posts) will continue to try to ride your ass when the sht is OVER.   POSTERS BEWARE!!!!    POSTERS BEWARE!!!!   POSTERS BEWARE!!!!   

601 days ago
303.

Lola    

Is Hallie paying TMZ to try and make her look innocent? This whole thing is garbage, no one is buying it that Hallie and Olivier are innocent, Gab is the one who was beaten for no reason. And for the record, Gab is the one who dumped Hallie, he isn't pining after her...read past articles about the breakup....

600 days ago
304.

Lola    

I also forgot to add that when I signed up last week and commented a second time on the Gab story, my IP was blocked, Im guessing that TMZ is being paid by Hallies people to help with damage control and it doesn't look so good when everyone is against rotten Hallie.

I hope that Gab has the last laugh in all of this.

600 days ago
305.

mskitty    

Everyone's talking about how Ganriel's injuries don't match the story; that's the dumbest **** ever!! Haven't you ever seen or heard of someone starting a fight, but getting their ass kicked...it happens people. Gabriel probably thought he could take him, but he got that ass tapped. I was always taught don't start **** you can't finish...IJS

599 days ago
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