Gabriel Aubry-Olivier Martinez Brawl Deemed "Mutual Combat"; Criminal Charges Unlikely

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Forget the He Said/He Said behind last week's brawl between Gabriel Aubry and Olivier Martinez.

Here is what the police reportedly say:

Olivier Martinez Cast Pic
Gabriel Aubry Black Eye Pic

Aubry will NOT face any criminal charges as a result of the incident, which he swears under oath was instigated by Halle Berry's fiancé on Thanksgiving morning - and which the recent batch of bloody Gabriel Aubry photos make clear was especially one-sided.

Law enforcement sources tell TMZ the fight has been labeled "mutual combat," meaning neither party is to legally blame.

Elsewhere, Aubry was shot down in court yesterday in his attempt to overturn a restraining order against him. He is still barred from getting within 100 yards of Berry, Martinez or daughter Nahla.

But that document expires tomorrow, at which time the actress and the French actor are expected back in court to fight for an extension.


Wow, everyone is clearly on Gabriels side on this one including me. Halle looks like a spoiled Hollywood brat who believes she can get whatever she wants because of her status. I believe the courts are in process of giving her a rude and apparently necessary awakening.


I think the big problem here is Halle.She just can't make it work with anyone...Can she?


Why are these pretty boys fighting over Halle!? Aubry should leave them alone already and move on!! For goodness sake..


Halle will never be happy with anyone for a long time because she wants everything HER way. That beautiful little girl will be used as a bone as it suits her mother to get her way with her father. You are disgusting Halle ! I have changed my opinion of you.


Aubry is a top model, when and if he can work again, who knows!, I hope he sues Berry/Martinez, hope he can see his adorable little girl soon!


She is an attractive hood rat who creates and thrives on drama, as history has proven to be true.


The 'COMMON' denominator in Halle Berry's chaotic love life is Halle herself. And IMO she epitomizes the expression, "Beauty is only skin deep...but ugly is to the bone!"

@ Not Surprised

I am so very agreed with you, totally I love what you have stated " Beauty is only skin deep ...but ugly is to the bone " I have no respect to that woma, she created this mess by herself and sure she'll be surrounded with more dilemmas throughout her life.
It's a shame, and I feel pity to the daughter, Nayla, still so young and yet being tossed around with the hatred that her mother harbored toward her father. Only times will tell, shame on you Halle !!!


I used to like Halle before, but now I do not like her at all. History will repeat again on her expense. She was so lovey-dovey with Aubry and now after she had her wish to become a mother and the story changed its course. I bet she knew what will be coming, I bet she's been peppering Martinez all along and since they cannot get their wish to move to France and this stupid incident happened at Aubry's expense, Aubrey should sue that brute Frenchman ! Shame on you Halle !! Karma will haunt you back !!!!! Just watch !!!!!

@ Nickigoddess said it...PERFECTLY!!!!! Most of all, K-A-R-M-A (or whatever) is angrily gonna get that overrated D-I-V-A Halle someday. One way or another.


Martinez is a brute and should be charged with attempted murder. He threatened to kill him and kept beating him to do damage.


Olivier Martinez told him he was going to beat him up and he did. It's shocking that Halle new what was going to happen and she did nothing! She literally let her boyfriend brutally beat the father of her child. All because they didn't get their way!

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Gabriel Aubry Biography

Gabriel Aubry Nude
Gabriel Aubry was the longtime boyfriend of Halle Berry. He's still the father of her daughter, Nahla, of course, who was born at 10:17... More »
Montreal, Canada
Full Name
Gabriel Aubry

Gabriel Aubry Quotes

We have no plans for marriage. We are more married than ever, really.

Gabriel Aubry

I mean, look at her - she is unbelievable! She is the best mom that anybody could ask for -- or wish for!

Gabriel Aubry [on Halle Berry]