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.

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Canadians are not fighters.

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Yeah, I totally blame this on the Frenchman. He was a boxer before, and his hand was the only thing hurt--from throwing punches, clearly! Mutual combat, my arse. The Berry/Martinez pair are just sore they don't get to "whisk off" to France with Berry and Aubry's daughter. Olivier should have had charges against him. I know why he didn't though. :Puke:

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 »
Born
Birthplace
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]