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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
106.

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.

585 days ago
107.

Sasha    

Bump That racist pretty boy.. I'm glad Oliver whooped his ass

585 days ago
108.

dd    

FOOL!

585 days ago
109.

Hurley    

Nice try "halle's team" in planting this BS story. Halle is still in the top 3 hated along with the other 2 rotten monsters Lindsay and Kim K...ugh shudder

585 days ago
110.

Brando    

A lot of psycho white people on here taking the side of a violent, bad tempered fake model. I'm so happy that Olivier beat the crap out of this loser. He started the fight and still people are blaming Halle? Can you whities be any crazier? The same way you blamed Trayvon Martin for his own murder. You racist pigs! Your low life gigolo Aubry used a beautiful, successful black woman for her money. He's useless and Halle was right to dump this idiot. He now collects $20k a month from Halle and then tries to beat up Olivier. This fool needs anger management and you whites on here taking up for him need mental evaluation so you don't go round shooting and killing people in movie theaters. LOSERS!

585 days ago
111.

Mia    

Halle has been taking this man to court every month for years now trying to take that child away from him, and now she found a good case decides to drop? Absolute BS and you know it TMZ. The first thing she did the second after the fight was to get a restraining order to stop him from seeing his child. Karma is a female dog, and very soon It'll be between Halle and Olive oil, and we'll see how TMZ spins that one. And that 7am trip to the liquor store doesn't help his cause at all. Btw, nice touch with the "it seems he is still having a hard time getting over his break up with Halle". That line is as transperent as they come TMZ.

This man as been droping his child off all along, and as soon as he wins a court case to keep his daughter in the states, he goes there to start a fight? Why is TMZ not reporting that Gabriel was supposed have the child on Thanksgiving but drop her off beacuse Halle asked him to? Where was the nanny who was supposed to meet the child at the door according to court order? What is Oliveir's business with the custody and why did he approach and talk to him at all? Where are the security tapes? What security company moved every camera in the house away from the front house to face the fence after there had been an intruder in the house? Why was Gabriel asking for those tapes immediately after the fight, and why does Halle Berry, miss I want to take my child to France for security, not have every angle of her house covered?

Gabriel should never have settled, because now her PR team are at work with the help of TMZ and LAPD. The same thing she did to David Justice, Wesley Snipes, Eric Bonnet and every other man she's been with. It is never her fault.

585 days ago
112.

Hurley    

TMZ losers bled the Lohan stories dry by posting meaningless drivel and rehashed crap and "sources say" denials...nothing left to post on her til next weeks arraignment...BACK TO THE HALLE BERRY REHASH...PATHETIC.

PEOPLE DO NOT WANT TO SEE HALLE BERRY ANY LONGER AND RESPECT A MAN FOR STANDING UP AS A FATHER AGAINST HER RASCIST ATTEMPTS TO SLANDER HIM AND KEEP HIM FROM DOING SO

585 days ago
113.

beb    

This is the sorta thing that makes it soooo hard to trust the police. Who ever was the detectives in this case need some more training. What a bunch of BS that anyone with half a brain wouldn't believe. Come on LAPD do your job and stop kissing Halle Berry's arsehole.

585 days ago
114.

cooky_doe    

Next headline will be Aubry consents to the France move.

585 days ago
115.

ROTTIE    

We got the TEA PARTY up in this btch thinking they are the majority. LMFAO! 😂

585 days ago
116.

irishjess    

Whatevs.... I think we ALL know that this was a set up and that now Halle wants it all to just go away because she fears CPS will be on her door step investigating the welfare of Nahla... Sad, because Olivier Martinez has REAL anger management issues and he shouldn't be around ANYONE until they are dealt with...

585 days ago
117.

WhyNot    

It's not done yet. Gabriel is not going to settle down. He is not going to get over his anger issues. He is holding a grudge, he has anger issues and he wants money. Combine those with a hair trigger and an ego bigger than his ability... and then makes sure we can all see his injuries... Ahhh... poor baby! What a loser!.

585 days ago
118.

Alsi    

Wait Gabe started swinging at martinez? I thought they engaged in some french trash talking after the innocent pharse "we need to move on," was uttered. Was the french trash talking before or after martinez punched him 3 times? Something doesn't add up here. Why would the guy who started all this be the only one asking for a video to be confiscated? Not that they would. That video would be property of the owner, and without a warrent, Halle(owner) would be under no obligation to hand it over -- unless a warrent was obtained.


Its weird, Halle finally has proof of Gabe's anger issue. If she truly had Nahla's best intrest, she would use this opportunity to limit if not take away Gabe's rights to her. What kind of mother is she? She has been accusing him at worst of being a danger to Nahla. At best (!?!), a racist and a deadbeat. How someone making $700,000 a year is a deabeat ......well, beats me. Only in Hollywood! Now that she has the law on her side she just going to ignore this opportunity. And she's going to pay for his medcal and legal fees? Whats in Nahla's best interest is a stable, loving enviornment. If Gabe really is what she claims him to be, its her duty as a mother go after him. Even at the expense to her image. When she back tracks like this, it just comes off as suspicious -- from an outsiders point of view.


I personally don't believe this was a set up. A moment of seize an opportunty fits better with this fight than anything else. Especially with frayed nevers on both sides of this bickering ex-couple. But what I do know s that no matter how I add t up, my numbers don't match. Something is off with this whole fight..... on both sides.

585 days ago
119.

Cat    

If you and I did that, and got our ass kicked as bad as he did, WE ALL WOULD BE CHARGED and be prosectuted! Why does this girly man model get a free pass? Oh thats right cuz he was engaged to a nightmare celebrity, thats right.......

585 days ago
120.

sophie    

If Halle Berry has a history of dating troubled men, why wouldn't Gabriel Aubry be another one of her bad choices? I guess she'd be picking all these losers and then have a moment of enlightenment when she saw Aubry? please!
I really do not understand why so many people have painted this guy into some innocent lamb. Seriously!
Who needs $20k a month to take care of a kid you only see part-time? what happened to his modeling career?
And for those who are questioning the damage done to his body, if you were hit in the face three times by a professional boxer, I'm sure you'd look that way.
We know nothing of this guy and people have already decided that he can't do no wrong.

585 days ago
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