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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.

502 COMMENTS

No Avatar
91.

jo    

What BS! Halle and Martinez (ex boxer) really has the LAPD spinning a good version of the event in her favour! Seriously? It doesn't take a Sherlock to see by the evidence (that is now conveniently covered on both parties) who the aggressor was. If Martinez had just wanted to defend himself he could have done so without multiple hits to the head and ribs! If Martinez only hit in the head HOW did he get the damage to his ribs that were reported? Please, Martinez knew what he what he was doing and used Gabriel's current emotions over being constantly threatened with LOSING HIS CHILD (not losing Halle) against him as did Halle. It was obviously a setup. Also Gabriel is a professional model, so not only can she control who will and won't hire him with her connections and influence, she now has made sure there is damage done to his face! BTW this the same police force that didn't breathalize either Amanda Bynes or Lyndsey Lohan more than once. Nor did they ever charge Charlie Sheen with substance abuse or possession of drugs when it was obvious...credibility?

The physical evidence and facts don't add up and everyone knows this. But now it's in legal reports to influence a judge. Convenient for Halle.

653 days ago
92.

Bobbie    

This story is ridiculous. TMZ, no one believes your Halle backed side of the story. Stop that plants from her PR team. No one believes GA started the fight when his fists weren't even injured. You're making me never want to read your sight. Do some independent investigative journalism. There's a reason that crazy b*5tch settled this- she was going to loose. GA is obviously a loving father trying to do what's best for his kid and he's having to battle a narcistic and her crazy boyfriend. Halle should be thanking God that the father of her child loves his daughter. But no, instead, it's constant attempts at alienation. Do the right thing TMZ and stop backing her.

653 days ago
93.

Bobbie    

ridiculous story. makes me never want to read tmz again. stop being halle's unbelievable pr tool. no one believes it. every normal person is on GA's side.

653 days ago
94.

justme9151006    

not sure why everyone is on Gold digging gabriels side. when halle dumped him he started doing Kim K. then kim woke the f*ck up and saw that he wasnt black and she dumped his sorry ass too. from one sugar mama to another.

653 days ago
95.

Huckleberry    

So let me understand. The cops, not the courts, have rendered a 'verdict' based on the word of an Academy Award winning actress, her actor boyfriend, and someone they pay to watch Nahla. What is the point of this story? You already reported about the police report, and we all know that Halle and co have been trying to set up Gabriel as a bad guy with an anger issue for a long time.

653 days ago
96.

Barbara    

No way LA PD...Olivier made the 1st move by inserting himself into the exchange of Nahla.

653 days ago
97.

laura    

That's hilarious that Gabriel started the fight but Olivier gave him the 'ol three hitter quitter. Gabriel: YOU GOT KNOCKED THE F--- OUT! You shoulda been bobbin & weavin ;)

653 days ago
98.

jo    

BTW..this obviously part of "amicable agreement" Halle's lawyer talked about which was probably forced on Gabriel in order to see Nahla again anytime soon and Martinez not to prosecute (and put him at risk of being deported) Gabriel had to agree to this BS police report to be made public AND to keep both his Martnez physical pummelling induced injuries covered AND keep his mouth shut about what really happened and bullying he's had to endure from Martiez.

Lets not forget a judge saw enough evidence right after to issue a restraining order AGAINST MARTINEZ for Gabriel. Obviously that first judge saw what the police are pretending not to.

653 days ago
99.

Barbie    

I say BS. Martinez was at fault completely for that fight. He should never have gotten involved by going outside to say something to Gabriel, never. It's not his kid and it's not his custody battle. He had no business going outside to have any contact with Gabriel, he was looking for a fight.

The fact that it was settled so quickly reinforces my belief that Gabriel had a strong case against Martinez and Halle Berry risked having her child removed from her home, otherwise it would have been great ammo for her to go back to court and have Gabriel's rights taken away.

The bigger threat to Nahla is having Martinez living in the home with him in it.

653 days ago
100.

Laura    

The more I think about it, I can't shake the fact that Gabriel very much wanted the police to view the video; it was "convenient" that the cameras weren't pointed at them; and the "witnesses" would be Halle, Olivier, and Halle's employees/friends. Also, Halle and Gabriel paid all the medical/legal bills, etc. This just doesn't add up with the police report.

653 days ago
101.

ROTTIE    

@FLO: Ahhh, that's cute - Ha Liar Berry - what about Ga brie liar Aubry - and his cycle, anger, bully, defeat, THEN get your ASS BEAT - lmfao! 😂

653 days ago
102.

Joey    

TMZ, you already posted this same bs days ago. No one believed you then and no one believes it now.

653 days ago
103.

happypat35    

I find it also funny that Halle tries to wait until the dust settles before the next blow up happens. They waited until Thanksgiving when the nanny was probably on vacation for a day and plot a fight, and now wait about a week to put out this bogus story.

653 days ago
104.

Joann    

Bull****ing****!!!!!!! There's no excuse for there to be no video of this event. Gabriel just won a court case and he knows their intent is to paint him out to be abusive. He would not have started a fight with Oliver. Also, Oliver needs to stay out of handoffs of Nahla, it doesn't concern him.

653 days ago
105.

Joann    

The LAPD is very tight with Halle because they escort her and Nahla to a lot of their events and she often pays them to use them as body guards. It's of no surprise that they would take her side regardless of Gabriel pleading for video of the event to prove his innocence.

653 days ago
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