Gabriel Aubry Arrested After Brawl with Olivier Martinez

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Yikes. Things don't look too good for Gabriel. . .

Gabriel Aubry was arrested Thanksgiving morning after a melee at Halle Berry's house, which sent both Gabriel and Halle's fiance Olivier Martinez to the hospital ... TMZ has learned.

Law enforcement sources tell TMZ ... Gabriel showed up at Halle's doorstep with Nahla for a custodial hand-off. We're told Gabriel was inside the house when Olivier walked up to him and said, "We have to move on."

According to witnesses, Gabriel then pushed Olivier and threw a punch at his face, but Olivier blocked it and the punch struck him in the shoulder instead. We're told Gabriel then pushed Olivier to the ground, and Olivier cold-cocked him in the face, and a struggle ensued, ending with Olivier pinning Gabriel to the ground.

In the struggle, Gabriel suffered a broken rib, contusions on his face, and possibly a more serious head injury. Olivier may have broken his hand and suffered neck injuries as well. There are conflicting accounts as to whether Gabriel was rendered unconscious in the fight.

Police were called and Olivier made a citizen's arrest for battery against Gabriel. Gabriel was escorted to the ER and, ironically, Olivier went to the same ER an hour later. The two were just down the hall from each other.

Law enforcement sources tell TMZ ... a judge has issued an emergency protective order, which requires Gabriel to stay 100 yards away from Halle, Olivier, and Nahla.

And finally, there's this ... specifics about the argument between Gabriel and Olivier are sketchy because they were trash talking each other in French.

It's pretty shocking -- considering Gabriel was out with Nahla just last night for a movie date at the Grove.

tmz

 

[xPedro]

I could see this coming, it is just me?!

 

[daniellat]

wow, if Halle wanted to get away from Gabriel as far as possible, he just gave her another reason.

 

[MulletProof]

Wow, nasty fight. Olivier sounds like he throw a few punches, and like Nahla's custody isn't really his business.. I don't feel bad for Gabriel either, who knows what the situation is, but to keep Nahla away from him for good sounds a bit sad.

 

[pixiedust1603]

The only person I feel sorry for here Nahla.
Posted via Mobile Device

 

[LabelWhore4]

Girrrrrrrrrrrrrrl, the tea is hot and I will sip slowly. This should be good.

 

[ALAUU]

I don't blame Gabriel. Halle just spent the past few months trying to cut Gabriel out of the picture and replace him with Olivier by moving to Paris and then Olivier goes around putting in his two cents. What man who loves his kid wouldn't feel like knocking Olivier's lights out? Olivier should just stay out of it. It wasn't his place to tell Gabriel what to do. Why doesn't he try telling Halle to stop all her bullsh*t?

 

[japoelflaco]

It must be embarrasing that a guy 3 inches shorter? Kicked his @ss.
But what was the point of Olivier by saying: "We have to move on".
Did he actually thought he could appeal for Halle's case?

 

[ALAUU]

^ I think Olivier used to be a boxer, but I was definitely thinking the same thing you did I'm team Gabriel, so to defend him I will say that it wasn't a fair fight

 

[Nefertiti87]

Poor Nahla.

 

[Marc10]

Ex-boyfriends and current boyfriends on the same room is never a good idea... I feel bad for Nahla, this whole situation must be so confusing and tormenting for a little kid.

 

[LabelWhore4]

I don't blame Gabriel. Halle just spent the past few months trying to cut Gabriel out of the picture and replace him with Olivier by moving to Paris and then Olivier goes around putting in his two cents. What man who loves his kid wouldn't feel like knocking Olivier's lights out? Olivier should just stay out of it. It wasn't his place to tell Gabriel what to do. Why doesn't he try telling Halle to stop all her bullsh*t?

As if. No one told Gabriel to put his hands on anyone. He apparently started a fight he couldn't finish. This obviously isn't his first violent outburst but Halle is the one bringing the bullish*t? His violent behavior was reported before but obviously its all her fault for making him hit someone else in front of his daughter. She basically made him do it right?

 

[jd255]

I could see this coming, it is just me?!

No, I agree with you. Halle also has a history of drama so none of this is surprising to me at all.

 

[ALAUU]

As if. No one told Gabriel to put his hands on anyone. He apparently started a fight he couldn't finish. This obviously isn't his first violent outburst but Halle is the one bringing the bullish*t? His violent behavior was reported before but obviously its all her fault for making him hit someone else in front of his daughter. She basically made him do it right?

I agree that she didn't outright make him hit Olivier. I also don't believe that violence is ever a good idea, but at the same time I sympathize with him because I can understand how frustrating it must be to be put in this situation. He has just spent months in court because of Halle and her demands, so while she isn't responsible for his violent outburst she most definitely is at fault for his frustration. There is no harmony for their child because of her demands. It's always been Halle who has provoked their custody battle whether it's because she wants to take their kid to Paris permanently or to New York for a film. Show me a father who wouldn't be over his absolute boiling point over such provocation and I'll show you a father who doesn't care enough about his kid. It's laughable to me how often Halle plays the victim. It's never her fault that her personal life is one big soap opera right? Give me a break. I also don't think it's a coincidence that this little fight occurred just days after a judge ruled in Gabriel's favor. The princess didn't get what she wanted, so she probably asked her French Prince Charming to jump in where he wasn't needed.

 

[LabelWhore4]

^I hear you but I feel that he has had a loose fuse for awhile and she has said so. None of them are innocent but to blame her for this like it was a conspiracy blows my mind. Ms Berry can only control herself and her gorgeous daughter. Plus, this altercation sounds fishy... I'm sure there was more provocation to this fight on both sides from the men. TMZ is hardly ever accurate imo.

 

[Urban Stylin]

I think Gabriel is the one to blame in this case, he threw the first punch which makes him the guilty party. He should know better especially when they are in the middle of a custody battle

 

[francesca073]

I just hope Nahla wasn't there to witness people she loves get in a fight. How confusing it must be for the poor child!

 

[Aoedele]

These adults should be ashamed, they need to think of that poor child caught in the middle. You better believe her schoolmates will tell her of this. As I previously posted on another thread about this, Halle has a documented history of drama. I don't know the entire story and may never know, but for the sake of your child, grow up.

 

[ALAUU]

There are pics of Gabriel post-drama and he looks AWFUL. Holy crap! I know that his health is the top priority, but that face. How could he allow that to happen to his gorgeous face? Doesn't he know that when you're gorgeous and you get into a fight you have to scream "Not my face! Not my face! Anywhere, but my face!"

I wish that the two of them could stop using the courts for every little thing and grow the F up. I feel sorry for the child. Her parents are clearly crazy. Both of them. She'll grow up as F'ed up in the head as the two of them for sure, which is a shame because I think they both come from broken families. You'd think that they'd try and find some peace for their own child, so she wouldn't have to endure unnecessary pain.

 

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Gabriel's side of the story:

Gabriel Aubry repeatedly asked cops to secure security footage before it was destroyed, following the brutal fight he was involved in with Halle Berry's fiance Olivier Martinez on Thanksgiving, RadarOnline.com is exclusively reporting.

Radar was first to report on the existence of the footage, which was captured on Berry's security cameras at her property, and Aubry references it in his application for a restraining order against Martinez, which was granted on Monday.

"I told the officers that [Martinez] was the one who attacked me, and repeatedly told them to get the security tapes from Ms. Berry's security cameras before she and Mr. Martinez deleted them," the Canadian born model writes in his sworn declaration.

Also included in the TRO application are shocking photos showing Aubry's battered and bloody face, and his allegation that despite him being the one arrested, it was actually Martinez who started the altercation.

According to the sworn declaration within his TRO application, Gabriel took his daughter Nahla to her school play the day before Thanksgiving. Halle and Olivier also went and Aubry alleges that Olivier walked up to him and whispered in French in his ear: "I wish I could beat the s**t out of you right now. You're lucky we're in a school right now. We're going to take Nahla right now and you're not going to follow us."

The following day, Gabriel arrived at Halle’s home with Nahla around 10 a.m. Gabriel states in his declaration that contrary to their usual arrangement, Olivier was the first to come out of the door – stating that normally he is met by a nanny. Gabriel then claims in his TRO application that Olivier said: "We need to talk."

Gabriel goes on to allege that he turned his back on Olivier and walked towards his car. Gabriel then claims in the court documents that Olivier jumped off the stairs and knocked him to the ground before brutally beating him. Gabriel also claims in his sworn declaration that Olivier screamed that he has cost them $3 million in their custody battle.

Gabriel then claims in the court documents that Olivier took his head in his hands and slammed it on the concrete driveway and raged that the family was going to move to Paris and Gabriel should follow too or Olivier would kill him.

Then, Gabriel claims in his sworn declaration, Olivier said, "We called the cops," and when they arrive, "you’re going to tell them that you’re the one who attacked me, or I’m going to kill you."

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