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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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76.

dixiestorm    

So you are trying to tell me a man that makes his living with his face is going to start a fight with an ex boxer??? Yeah...and let me guess, the "witnesses" the popo interviewed we the Easter Bunny and the Tooth Fairy!!! Totally believable. Yep.

604 days ago
77.

Pimpcessa    

I think the most telling part of this story written above, is that Halle and Olivier aren't pressing charges because it wouldn't be in Nahla's best interests. We all have witnessed, for years, how Halle will go to any length possible to ruin the relationship between her daughter and Gabriel. This is just a act to appear they care more about Nahla's feelinings than their own, and that's bs. Watch and witness what happens next.....pass the popcorn too!!

604 days ago
78.

justme9151006    

hey pretty boy gold digging model, dont start a fight if you dont know how to fight. i guess being taller, bigger and younger didnt work our for ya. got yo ass kicked by the smaller guy!! hahaha

604 days ago
79.

Who the Hell is Khloe    

I cannot stand Halle...

604 days ago
80.

Joanna    

hey tmz, when you talk to halle, let her know we're buying this b.s. and i'm not watching your show anymore. you must think we're idiots to buy this b.s. gabe would have to be a blooming idiot to start a fight after he just won a court battle against her. he might have thrown the first punch but i don't believe he started the fight. om incited it.

so again, i'm not watching your show again.

604 days ago
81.

Pimpcessa    

I highly doubt Gabe would have been so insistant about the cops obtaining the security video, if it would have shown him instigating this fight. Wake up folks! And Halle has never wasted an opportunity to legally drag Gabes fine butt through the wringer! It's not just about this story, it's about her history!

604 days ago
82.

DV    

Of course they are putting the blame on Gabriel. Halle, Olivier and the nanny got their stories straight for police. And with the security camera conveniently pointed away from the driveway there's no one to dispute their side of the story except for Gabriel.

604 days ago
83.

tenley    

How many times is TMZ going to report the same thing to try to trash Gabe? If this were Lindsay Lohan, the headline would be NO CHARGES, NO PROSECUTION

604 days ago
84.

UZURBRAIN    

You ban me but allow all the racist comments?

604 days ago
85.

auntjo    

Looks like the bad press continued for Halle Berry after the amicable agreement with Gabriel coming looking terrific and she can't stand that. That camp seems to think the public will think better of her if she throws enough mud on her baby's father, but its pretty clear by now that she's no victim and no one wants any more mud slinging. The only way to look better, Ms. Berry, is to try for some serenity and make it last.

604 days ago
86.

Laura    

They all need to grow up and put the child's happiness first. I don't believe anybody in this little group anymore. But if both parties can't keep the child safe and away from this crap, they are going to lose her.

604 days ago
87.

esi    

the drama even continues...checked with some of my French friends in Paris---boxing Ollie when he boxed hung out with fellow thugs, drug addicts and other less desireables...they also say his film career in France is none existent and isn't even well liked over there. Ugh so guess who would have have been footing the bill if they were in Paris? Halle. She footing the bill for him now. Who's the gold digger now? Ollie probably pummeled the **** of Gabe since he knew his meal ticket is soon to be over. It was Halle 's 3M not his. He was already counting her money. Also in the drunk video on X17 from one of his booze runs he calls Nahla and Halle his family. LOL

604 days ago
88.

soberandsmober    

Bull! Lies! This is an attempt to clean up Berry's image. Since the public is against her now, this is an attempt at salvaging her career. Too late.

604 days ago
89.

Cran    

HEY REALTALK AND RGB WE KNOW WHO YOU ARE YOU SLEAZY MANIPULATIVE LIAR TRYING TO START MORE TROUBLE....HALLE.

604 days ago
90.

Ginger    

Martinez had no business being at the door to receive Nahla. A nanny is supposed to do that. Gabriel was set up and pretty much everyone gets it but the PD in LA and entertainment sites who want to curry favor with their beloved "A" listers. All Aubrey wants is time with his child. That's it! By the way, who are these 'witnesses' who happened to be standing around the doorway when Gabriel brought his daughter home?

604 days ago
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