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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
121.

Nikki    

I thought the officer's comments about the effect of the breakup on Gabriel were extremely unprofessional and slightly bias. I think Halle needs to settle this custody thing amicably and stop playing around with this man. She has skeletons of her own and there have been rumors for years that she's missing a couple screws. If she doesn't chill out, this could all backfire on her.

She may be rich and famous, but, at the end of the day, Gabriel is a white man and is starting to look sympathetic to the public. That could be bad news for her.....chill out Halle.

624 days ago
122.

pk    

This story is so biased it isn't funny. TMZ used to be cool but not anymore.

624 days ago
123.

Anon    

TMZ can carry Halle's water all day long but I'm not buying it. If Gabriel threw the first punch, why did he want them to look at the surveillance video? Not buying this for one second and will never watch Halle in anything ever again.

624 days ago
124.

Charlene    

Her "boyfriend" should have stayed in the house then none of this would have happened. It's not his business and he should stay out of it.

624 days ago
125.

tori    

Give me a break,what witness's - Halle,her boyfriend and whomever else she has on her payroll. I don't believe any of this garbage and if the cops are siding with this poor excuse of a mother it's because she's paying them off like she does everyone else. Disgusting,one day her daughter will see what a minipulator her mother is and want nothing to do with her!

624 days ago
126.

CANDICE_L    

Sounds like Olivier opened a huge can of whoop-ass on Gabby....

624 days ago
127.

FLO    

Absolute excrement!
No Video
Only Ha Liar's employees word.
No Police 'witness.
TMZ NO CREDIBILITY

624 days ago
128.

Me    

This ruling is total BS. As we learned from the last article the police listened to all 3 and totally IGNORED Gabriel's side of the story. Clearly they have made their ruling according to Halle/Olivier's testimony. I ask again, if he was truly guilty, would police drop charges and let him see his daughter? And another thing, I was banned on here only after making a clean comment supporting Gabriel. Something is fishy about that.

All in all, I think Halle's time is up in the public eye. Actions speak louder than words, and we know at this point that she is lying. The lawyer speak is always the same - doesn't match the evidence and always sides with the celebrity.

624 days ago
129.

Tmzlover    

Why is Oliver trying to talk to him in the first place?? He shouldn't have been ANYWHERE near him when he dropped off his daughter. He needs to butt out of the situation.

624 days ago
130.

Slim Whitman    

Remember Ollie yelled out to Gabe that Berri spent 3 Million Dollars trying to get him out of his daughters life and failed. Wonder how much of that was spent on PR and paying off the powers to be? These two Jokers must be PISSED beyond belief. Team Gabriel!

624 days ago
131.

mick    

Since the only *witnesses* that could have told what happened all worked for Halle this seems rather biased to me. I wouldn't put it past her to have set Aubry up.

624 days ago
132.

Loving Latina    

This is such Bull****. I have lost respect for the cops in LA. Olivier clearly started the fight and provoked it. He knew that the cameras were not going to catch anything, Gabrielle didn't. Furthermore, why would Olivier tell Gabrielle that "they need to talk"? Why? because Olivier and Halle were ready to set Gabrielle up and ready to provoke him to get angry. I bet both men said things to each other to get under each others skin. But, Olivier was the one that knew he wasn't being filmed, not Gabrielle. No one tells cops to go look at film that will incriminate themselves.!!! I have lost respect for Halle and Olivier too.

624 days ago
133.

Athina    

I think this is a turning point. They've all had enough with this custody fighting. Halle is starting to change and be fairer about sharing Nahla. Nahla is getting older too so it's not like she can just rip her father away from her at this point and think it's all going to be okay.

624 days ago
134.

Gretel    

It seems to me that he would be perfectly happy to be away from that crazy woman, but what he is not taking well is the fact that she wants to erase him from his daughter's life. If she wanted to be the only parent of that poor little girl she should have gone to a sperm bank.

624 days ago
135.

Laurie    

I think Gabriel has an anger problem stemming from the fact that Halle and Oliver just want him to go away so they can raise Nahla together. I would be angry too. They need to give him custody, move to France and make another one. Then when Halle dumps Oliver for someone else, he will understand what Gabriel is going through.

624 days ago
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