TMZ

Our TV Shows

Got a Tip?

Call TMZ at (888) 847-9869 or Click Here

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

| 1 | 2 | 3 | 4 | 5 | 6 | 7 | Most Recent | Next 15 Comments
1.

Jordan    

There was no bias on witness since they were all invited by Halle Berry and they all saw what happened in the driveway the LA Police are worse than Mayberry. The LA Police Department is trying to audition for a Sit Com or a bad reality tv show.

498 days ago
2.

Ashley     

gabriel is not a real man.....
halle you should've know better
what guy takes 20 k a month from his kid mother..?
wow, what a hopeless and spineless man....

498 days ago
3.

Jordan    

Aubrey fight to drop the case Halle Berry is trying to set you up for another custody battle and Anger Management will not look good for you.

498 days ago
4.

Diamond Goddess!    

Hmmm, interesting take by the cops.
I assumed Gabriel was all to happy to be away from Halle Scary!

498 days ago
5.

tgrfan42069    

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)

so in other words based on the trusty word of olivier and halle who have been trying to ruin gabriels life by attempting to move his daughter to france.they can determain what they say is true and gabriel started it because they would never lie about the person they just days before were in court against to try and take his daughter far away from him.riiiiiiiiiiight

498 days ago
6.

NOT ELMO    

Halle Berry is The Equivalent of Obama in Politics, Why ?, Because Halle looks Black but Halle is Half White and Halle is the Only Black Woman to ever Win an OSCAR For Best Actress in 84 Years of the OSCARS, The same way Obama looks Black but is Half White and Obama is the Only Black to ever Win the USA Presidency in 240 Years...

498 days ago
7.

DiM    

Bwaahahahaha! What a hilarious slant on this story. Rather than just state the facts that there will not be a prosecution, you have to twist it into this. You have zero credibility when it comes to this case and everyone knows it now. While other outlets were posting facts and pics of Olivier making not one, but two runs to the liquor store right after his tantrums, you were still trying to spin it Halle's way.
Obviously, anyone having anything to do with nutcase Halle would need some help afterwards, but the is plain BS!!!!! She was also directed by a judge to go to therapy but you never did print that here.

498 days ago
8.

tgrfan42069    

gabriel better watch it.i sense that halle is up to something.as bitter as this **** has gotten.suddenly she decides to settle every thing with him? seems a bit odd.im sure she has something up her non talent nasty sleeve

498 days ago
9.

Justin    

Well if the cops think that it must be true. The LAPD has such a good track record of getting this right, so who are we to doubt them. LIES LIES AND MORE LIES. We all know the truth, and those of us who lived in LA, know the cops are lazy. Who takes the words of "witnesses" who work for Oliver and Halle. Ohh thats right the camera's were pointed away from the house, so none of this was captured on video....how convienent. It's so unbeLIEvabe to think that they don't have enough camera's to cover the house and it's surroundings.

498 days ago
10.

Jordan    

Amazing how Halle Berry managed to invite all her guest that can speak fluent french and know exactly what was said.

498 days ago
11.

IKnowthismuch    

As I suspected, this dude got some serious anger issues he need to deal with. Hopefully that was in the agreement between the parties in the agreement.

498 days ago
12.

jen    

Aubry seems like a devoted father. I would hardly call thar unable to get over Halle. Halle needs to get over herself. Martinez looks fine, Aubry looks terrible. Self defense? Not buying it!

498 days ago
13.

Church Lady    

Common sense and the evidence tells a different story. How much did Halle's PR agent pay for this article? And did anyone notice the shot of Halle smiling and waving for the paps yesterday? Next she'll be handing out candy canes to the crowd of paps outside her daughter's school.

498 days ago
14.

DiM    

Wait. I thought that Aubry got stitches, a smashed in eye, bloody bashed head and rib injuries from just one "self defense" punch from the magnificent hands of Le Squintez? Now it's three self defense punches is it?
Nice try.

498 days ago
15.

james    

Hally berry is mad . ))


http://yourforexadviser.com

498 days ago
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | Most Recent | Next 15 Comments

Around The Web