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GABRIEL AUBRY Started Fight ... But Won't be Prosecuted

Posted by on Dec. 5, 2012 at 7:08 AM
  • 6 Replies

GABRIEL AUBRY
Started Fight ... 
But Won't be Prosecuted

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 Martinezbefore 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.


by on Dec. 5, 2012 at 7:08 AM
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Replies (1-6):
MamaMandee
by Mandee on Dec. 5, 2012 at 11:34 AM

They really need to figure something out for their daughter's sake! 

gmadiane
by on Dec. 5, 2012 at 12:49 PM

it is nice that they dont want to press charges 

sara_7106
by on Dec. 5, 2012 at 10:54 PM
Wow
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PinkParadox
by Beautifully Broken on Dec. 5, 2012 at 11:04 PM
Guess he might be more careful who he picks a fight with in the future....
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BeachMommy07
by on Dec. 6, 2012 at 9:56 AM

 The children are always innocent in these cases where the mom and dad split. It's sad :(

girlw_glasses
by on Dec. 6, 2012 at 10:10 AM

Agreed

Quoting MamaMandee:

They really need to figure something out for their daughter's sake! 


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