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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
61.

Spider    

Pfffttt...what a load of BS. There ain't a snowball's chance in hell that Halle Berry would "amicably settle" the whole restraining order issue if she thought it was her ticket to stealing Nahla away to France. And the cops? Please. What are they going to say after they took the word of Olivier and Halle AND allowed Olivier to trample Gabriel's rights by performing a citizen's arrest and holding him hostage til the cops arrived? "We were wrong?" Not very likely. Another case of LAPD CYA.

584 days ago
62.

Jt    

Why was Olivier saying ANYTHING to Gabe? Suspect...

584 days ago
63.

TigersMom    

So let me get this straight..they don't want to press charges because it "wouldn't be in Nahlas best interest" BUT..moving her away from her father WOULD??

584 days ago
64.

ikeman    

**** that! If Gabriel attacked Oliver first, then you press charges. If he is going to fight somebody in front of his daughter, then he's not exactly a role model you want around your child. Putting him in jail would be the best interest for nahla. That is if the story is true. None of us was there. Plus i thought the only witness that was there was Halle, nahla, and the security video. Who are these sources? These unnamed sources are putting tmz's credibility on the line

584 days ago
65.

just me     

Lol....no matter what Gabby is going to be innocent to u guys.

584 days ago
66.

Mia    

TMZ why do you play PR-tema for Halle?

584 days ago
67.

Mokololsg    

I predict a murder suicide in the near future. Good knowing the Berry family.

584 days ago
68.

Shaunie    

Stop blaming her for this macho match.

584 days ago
69.

loe    

Liar Liar Pants on fire. I knew Gabriel was lying. He needs to learn a lesson. Fists can't solve any problems.

584 days ago
70.

UZURBRAIN    

All of you Halle haters are as stupid as stupid gets. the evidence is there for you to read. Yet you still say its her fault, she set him up, and what a horrible parent she is. Racist pricks!

584 days ago
71.

tobor    

Halle Berry try as hard as you can to spin this. It's not going to work. Your only way to redemption in the eyes of the public is to show kindness to Gabriel.

584 days ago
72.

loe    

how can you go overboard to defend yourself? I dont think Olivier was even trying if he did Gabriel would have died. And yes, it would have been OK since people can kill an intruder with a gun at home in USA.

584 days ago
73.

Gargamel    

Gabriel got just what he deserved his azz handed to him! I love it when a bully gets beatdown!

584 days ago
74.

Shaunie    

Gabe needs to stop getting a pass

584 days ago
75.

LightJ    

Oh wtf ever. Cops are star struck apparently because the fact that the douche bag fiance was out there in the first place just shows he was instigating it. And then smashes the guys face in and calls it "self defense", cops i swear, they have such a sh*t reputation . I just don't trust them.

584 days ago
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