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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

No Avatar
46.

AngelSmiles    

Boycott this site, Harvey and TMZ!

597 days ago
47.

mmh    

Why isn't Martinez being charged for excessive violence? Shouldn't this be treated like a domestic violence incident? In Cali fame and money talk and criminals always walk. Just ask Fred Goldman....

597 days ago
48.

Shaunie    

He does have anger issues. How about they all get therapy

597 days ago
49.

ROTTIE    

Gabriel DESERVED to get his ass whooped - lesson learned - should have gotten his ass on google before running up on Oliver - he got his ass whooped like a Biotch! Halle might could have whooped his ass too when he was going on with all those racial slurs and sht - she didn't know that then though - cause He was clearly a damn bobblehead in that fight with Oliver.

597 days ago
50.

RCG    

So many need to make Gabriel Aubry above reproach and innocent of any wrong doing. Everyone is liar except Aubry and everything that is negative about him is planted and untrue. We should never lay any responsibility on Aubry because he is a good white boy and we must continue to make everything the fault of others.
Fact is… Aubry has showed his TRUE COLORS to many and after a while you can't blame everyone else for what the F ... is wrong with you.
Understand why Halle got restraining order against him and she needs to keep security with her at all times because he wants to hurt her.

597 days ago
51.

Genjerleigh    

Regardless if Gabriel started it - Olivier went overboard "defending" himself. Being the professional boxer he is - he should've restrained Gabriel instead of beating the sh*t out of him - its called excessive force. What would've happened if Gabriel had died as a result of the head injuries - would that have been OK to in the name of defense? WTF!

597 days ago
52.

FLO    

I feel this is more fabrication by Ha Liar Berry, the cops who she hires for off duty security details and Ollie her current mount.
There is Berry and her paid cohorts word with NO SECURITY VIDEO, accusing another of her exes of abuse. This chick only has one cycle, accuse, defame, rinse and repeat

597 days ago
53.

saf    

I presume the witnesses are all Pro Halle. The story does not mention anything about Gabriel recanting his long and very detailed statement either.

597 days ago
54.

Elle    

This is all Halle Berry's spin. You can bet if there were any truth to the tale of Aubrey"s " anger" issues they would be heading to court to take the kid to France. Her concern is not for the child but for her faded career. This is the same bunk she tried to sell the court before-without success.
He does not appear at all interested in Halle Berry. The man wants contact with his daughter.

597 days ago
55.

Keyser Söze    

How I got from this article is that the police took the words from a bunch of Berry's employees, but, because they didn't have any other evidences, they couldn't charge Aubry.

Pretty certain, though, the cops would sing a completely different tune if they actually had video evidences of the whole thing...

But whatever - Nahla didn't lose her father, and that's all that truly matter here.

597 days ago
56.

Stephanie    

Classic case of your mouth writing a check your ass can't cash.

597 days ago
57.

Lindy    

Olivier walked out and said, "We have to talk
------------------
No WE don't have to talk about anything...Oliver is the boyfriend not the husband or father..he should not have even been there! I

597 days ago
58.

happypat35    

I don't believe 95 percent of this story. If that were the case, I don't believe for a second Halle would step down in the best interest of Nahla and forego moving to France.

597 days ago
59.

The New Improved Sock Puppet    

Is it just me or does your site suck even harder with loading lately?
.
I'm sure Gabriel Aubry isn't all sweetness and light, but I am almost sure Halle Berry is one messed up piece of work. He'd be better off being with his child as much as he can be, putting fatherhood first because with Halle the rest will work itself out. I think she will be traveling the Rhianna face pulp road soon enough and that innocent child will need a loving parent and a home that offers her security and peace.

597 days ago
60.

Elle    

This nonsense about "lovesick" Gabriel Aubrey mourning the loss of Halle Berry is the same BS she planted in the tabloids. If Berry moved to France with her sweetie (until even he gets sick of her) and left the child with her father there would be no more publicity because Aubrey and his daughter would carry on in peace.

597 days ago
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