TMZ

Our TV Shows

Got a Tip?

Call TMZ at (888) 847-9869 or Click Here

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
31.

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???

650 days ago
32.

Cran    

BOUGHT AND PAID FOR AS USUAL IN THE LA CITY ATTORNEY'S OFFICE. NORMAL BEHAVIOR FOR CELEBRITY LOVING OFFICIALS.
I SAY HALLE YOU CAN SPIN UNTIL DOOMSDAY BUT THIS IS BS.
BS.BS. BS. YOU ARE A LIAR AND SO ARE YOU OLIVIER. IF ONLY YOU COULD MOVE AWAY FOREVER.

650 days ago
33.

stretchdiddy    

The police have concerns about his anger issues? What a planted story!

650 days ago
34.

Cran    

Halle, is that you that writes every single opportunity to complain about Gab's child support? If he were a woman it wouldn't even be discussed. She has more money, lives a grand style and the child is to be kept in the same manner. STOP. After what she has done to Gabriel he deserves to have it doubled. Can't wait for a year to pass and Halle will be completely forgotten and irrelevant. I will never buy Revlon products again.

650 days ago
35.

letsbehonest    

Even with police officers, who I'm sure see domestic battery on a daily basis and for that reason are not easily duped, everyone is still blaming halle. I truly believe that Gabriel has anger issues and if it goes unchecked he will do something to harm nahla or halle in the future because he feels he can. OAN it was very disturbing to watch the witch hunt on halle. Makes you wonder.......

650 days ago
36.

bearforce1    

Halle Berry is a disgusting individual who places her own desires over her daughter's needs as a child and having her father in her life.

650 days ago
37.

AvaMommy    

This is the most slanted and biased "news" article I've ever seen on TMZ. I am very familiar with the criminal justice system and law enforcement never decline to present a violent case for filing simply because of the negative effect on the child. The only reason why they didn't recommend filing is because they can't prove the charge beyond a reasonable doubt. That's the bottom line. So stop making crap up TMZ!!!

650 days ago
38.

GothamGirl    

What LIARS! TMZ and the LAPD.

650 days ago
39.

Chief Sosa    

Who trust the lapd these days

650 days ago
40.

Kassie    

Wow TMZ, got your head up HB ass much? While you are busy sticking your head up her butt, the rest of us, with common sense, know this is far from the truth. If the LAPD believe this story, they are as ignorant as you. I would take a bet GA is pretty much over the crazy bitch HB. And for the record, if you try to take my kids away from me to another country and then have the audacity to approach me when 1)you shouldn't be there and 2)you are the reason crazy HB is trying to take my kids, you can be damn sure I would be pissed too.

650 days ago
41.

1disgustedamerican    

So how much money did they pay you Harvey to print this GARBAGE and how much money did they have to pay the cops?

650 days ago
42.

LISA    

I don't believe you, TMZ! You already told us the police were not going to charge Aubry and they forwarded their recommendation to the DA a while ago.


At this point, I don't care who started the fight. That 'self defense' looks more like a viscious beat down. LET IT GO - Gabriel, Oliver and Halle have.

650 days ago
43.

Erika    

Yes, the court of public opinion has definitely spoken. If Halle nutjob is scheming, she had better make it good because she will NOT get the benefit of the doubt. I am boycotting Halle's movies and products.

650 days ago
44.

Surelock    

Wow the people on here just can't handle the TRUTH this is the second time something like to has happend with Gabriel and for lot of you he can't do no wrong! what a joke, you have no ideal what goes on behind close doors, but he's the victim right?

650 days ago
45.

AngelSmiles    

This is a complete and utter manipulation by TMZ and the Police. Everyone around Halle will lie, cheat and try to steal for her. She is an evil human being and a horribly selfish mother. They are Unable to stop this merciless provoking of Gabriel. TMZ and the LA police must be legally Stopped from trying to destroy this man. They are the "lynch mob" mentality and plant these stories for Halle's case. Screw this site I will never support these despicable Idiots by posting here again ! I hope Gabriel's attorneys file defamation Suits against these vile human beings!! I was a fan of Harvey for years, I will never be back or watch his idiotic show With all those gross people...

650 days ago
Previous 15 Comments | 1 | 2 | 3 | 4 | 5 | 6 | 7 | Most Recent | Next 15 Comments

Around The Web