Gabriel Aubry Did, In Fact, Start The Fight With Olivier Martinez, But Will Not Be Prosecuted


As we’ve been reporting, the Olivier Martinez/Gabriel Aubry Thanksgiving Day brawl that went down at Halle Berry’s house is slowly but surely becoming a thing of the past. All parties seem to be interested in putting that awful day behind them, which is why some kind of agreement was recently reached in the courts. Shortly thereafter, Gabriel reunited with Nahla and dropped the restraining order against Olivier Martinez. New details have emerged in the case, as witnesses have come forward to describe exactly how the fight went down (we previously heard that cops were naming Gabriel as the instigator of the fight). But either way, it looks like nobody will be prosecuted. Click inside for more. Oh, and I’m sure Gabriel’s face is clearing up nicely, but FYI this is an old picture of him.

TMZ has the report:

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.


So it sounds like witnesses are saying that Olivier attempted to start a conversation with Gabe, and Gabe wasn’t feelin’ it at all– and started swinging. But lost. If this is all still about his relationship with Halle, then I could see why he wouldn’t feel like chatting it up with Olivier. I don’t know if Gabe has moved on and has a new girlfriend but Halle Berry sure has and it’s everywhere. Such is the life.

Like I said before, I’m just glad to see that this is going away. Some of us wondered if Halle would use this fight against Gabriel so that she could continue to fight for full custody of Nahla. It looks like that won’t be happening, which means she must have come to terms with the final decision for Nahla to remain in the States, where she can have a relationship with both parents. Here’s hoping this story continues to die down!


[Source] [Photo Credit: Splash News]

  • AFS

    BWAHAHAHA! Don’t start sh!t you can’t take care of Gabriel. And to all of you who blamed Halle and Olivier. SHUT THE F#@K UP!

    • Common Sense

      Wow–hopefully you don’t currently have and won’t ever have children. Society will be better for it. GROWN PEOPLE should not be getting into fistfights in front of their children. Not matter who started it.

  • superjosh

    I don’t presume to know anything that happens in the lives of celebrities, but have you guys seen the vitriol thrown at Halle?? I understand that she made the mistake of making those public accusations against Gabriel, but since then everything has been done in court. Yet these crazies have all these conspiracy theories. As if we know anything about how anyone acts in real life??

    The terrible things that are said and the amount of horrifying hate thrown towards Halle is insane. It’s racist and misogynistic and seriously makes me worry about society.

    • ClaireMichelle

      I’m so glad I have been able to avoid those terrible comments! Yikes!

      After all of this, hopefully they have all realized they do need a third party handing off Nahla to each parent. They clearly have a lot of bad blood there and can’t behave. I’m glad things seem to be working out in Nahla’s favor!! As it should be.

  • nicole

    “It seems he’s still having a hard time getting over his break up with Halle.”
    its not like shes made life easy for him when it comes to his daughter.

    im kind of over Halle – and the drama. it seems like they’re finally doing whats best for Nahla and hopefully it stays that way.

  • emily

    I remember reading there is a usually a nanny go between when dropping off Nahla, the two men are not supposed to talk. Soooo, while it seems Gabe started a fight he couldn’t finish, I’m wondering what/if Olivier instigated by coming out of the house and approaching Gabe.

  • Tru

    I don’t believe it because here is 2 reason why. Why would Halle finally have the best interest of Nahla when she been fighting tooth and nail to bring her to France? Then who did they exactly interview at Halle Berry’s house other then the parties involved? Family members and staff of Halle’s and Oliviers?

    • Leah

      I agree… my first thought on seeing this was that Halle & Olivier got to someone on the police force. And as someone stated above, why is Olivier even trying to talk to Gabriel?

  • kendra

    There is no reason for Olivier to be talking to Gabriel when he’s dropping off the kid..Not the place for it..I still think there’s more to it and don’t trust Halle at all, but luckily none of this has any affect on my day to day life so eff it..And, really, Gabriel wins no matter what because he’s so hot.. ;)

    @Tru – Completely agree about the witnesses..Plus they didn’t hear what Olivier said to him that could have provoked the whole thing..

    • Ella

      @Kendra-So Olivier talking sh*t to him makes it okay for him to take a swing at him?

      Honestly I am surprised how some people are still on the blame Halle/conspiracy train. Dear Lord. You can lead a horse to water but you can’t make him drink.
      Also, perhaps Aubrey does have some anger management issues. Whether Olivier said something to provoke him or not(and I don’t think those men should be speaking anyway) Aubrey should have held it together for the sake of his daughter who was only a few feet away from him in the house and because sh*t like that just makes it easier for the courts to take your parental rights from you.

    • kendra

      Woah! Easy there, tiger! I’d like for you to point out where I say it was ok for Gabriel to hit Olivier..I said I believe that Olivier provoked a response..Did he deserve to get hit? Violence is never the answer, but sometimes people can be pushed only so far..And if you’re going to go that route, then maybe Olivier shouldn’t have hit him back since he knew Nahla was right inside the house as well..I’m sure he could have gotten away..Granted, it’s not his kid, but he’s with someone who was just fighting to move her kid to his home country..He could have shown some restraint..Again, if you’re going to go the “holding it together” route..

      And so what if people have their own theories as to Halle’s intentions? If it doesnt affect you, why do you care so much? Personally, the stories I’ve read have made me suspicious of Halle..Obviously you’ve had a different experience..Who gives a rat’s ass? I’m for sure not going to make snide comments about the people who have a different take on the subject..Excuse me..On the celebrity gossip because, really, it’s all pretty lame anyways..

    • Ella

      @Kendra- You said “Plus they didn’t hear what Olivier said to him that could have provoked the whole thing.” What else could you have meant by that? What he said obviously provoked a response, but the response was Aubrey swinging repeatedly at Olivier. What you said is based on what happened and what happened was Aubrey reacted violently. It shouldn’t matter what Olivier said to Aubrey. Aubrey is fighting for his daughter and he has to know taking swings in front of the house his daughter is in could be used against him.

      Using your own logic “Violence is never the answer, but sometimes people can be pushed only so far” I don’t think Olivier was going to talk Aubrey down while the guy was swinging repeatedly at him. Yeah, everyone should hold it together, but that’s not Olivier’s daughter. Aubrey has a lot more to lose.

      You can’t really gauge how much I care about the whole situation based on my response. Are you implying I care more because I’m not agreeing with your theories? I care as much as you do, maybe less. The only things I’ve read about Halle is what I read on PITNB if it peaks my interest. I don’t care enough to be suspicious of anyone’s intentions. I just look at the facts…and the police report. Yeah, I agree it’s all a little lame, but you’re here talking about it too. So you have to care a bit about stuff that’s lame and really shouldn’t be any of our business.
      And for the record “Obviously you’ve had a different experience..Who gives a rat’s ass?” is kind of snide.

  • Julie

    Olivier should not have approached Gabriel at all. Not buying the rest of the story.