Gabriel Aubry cleared of charges for Thanksgiving fight with Olivier Martinez

I had no idea that this case was still ongoing, but apparently it was and has been settled. You may remember that Halle Berry’s ex, Gabriel Aubry, received a beatdown at the hands of her fiance, fellow actor Olivier Martinez. It went down on Thanksgiving at Berry’s house when Aubry arrived for a custody handoff of their daughter, Nahla. Martinez and Berry insisted that Aubry started the fight, despite the fact that Aubry’s injuries were much more severe. Aubry’s entire face looked battered (photos here) while the only damage to Olivier was on his hands. The security cameras at Berry’s house suspiciously never captured the fight, because they were allegedly pointing to the entrance to her home instead of the front door area where the fight went down. It was all rather convenient to support Berry and Olivier’s side. For his part, Aubry filed a restraining order against Olivier, which he eventually withdrew. Well it’s settled now, as TMZ reports:

Gabriel Aubry is in the clear in the Thanksgiving Day brawl at Halle Berry’s house … with one string attached.

TMZ has learned … the L.A. City Attorney conducted two office hearings — one where Halle and Gabriel’s sparring partner Olivier Martinez showed up together and another where Gabriel showed up alone on a different day.

Sources tell TMZ … the case has now been resolved and Gabriel will not be criminally prosecuted, PROVIDED he keeps his nose clean for a year.

TMZ previously reported … anger management was on the table as a possible condition to avoid prosecution, but the City Attorney has a policy of neither confirming nor denying specifics.

[From TMZ]

Note how terse this report is and how they again bring up the anger management issue but “don’t know” if Aubry was ordered to anger management classes. This suggests that their dear source, Halle Berry, isn’t too happy with this outcome.

As Kaiser reported last week, Halle and Olivier were in Paris for Christmas without Nahla. Nahla was with her dad, the one who has been fighting to be with her ever since Halle tried to cut him out of the picture.

There’s a new story about Halle in this week’s Star. Apparently Halle wants Nahla to go to an exclusive private kindergarten in LA called The Buckley School. Parents don’t want her around, though, probably due to the paparazzi. A source whose child supposedly attends the school tells Star that Halle “is full of drama and always has trouble with her men… We pay a lot of money for this school, and the last thing we want is trouble.” So does that mean Halle is going to have to find a different school for Nahla? I only feel for Nahla, who doesn’t deserve to be put in the middle of all this.

Gabriel is shown collecting Nahla from school on 11-30-12. He’s also shown outside the gym, before his beatdown, on 11-14-12. Photos of Halle and Olivier are from 12-23-12 in Paris. Credit: and Fame

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44 Responses to “Gabriel Aubry cleared of charges for Thanksgiving fight with Olivier Martinez”

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  1. Amy says:

    Wouldn’t it be tasty if Buckley let Nahla attend on the condition that only her father dropped her off and picked her up? He seems a lot less drama-prone.

  2. Dena says:

    Although this is a gossip website (and one I enjoy), I say let it go.

    Halle can’t catch a break here and neither is she the subject of reasonable debate. It’s all one-sided.

    BTW, The Daily Mail added this in its coverage and rehashing of TMZ:

    Despite the outcome of the police report, the website states that no charges will be made against Gabriel after both Halle and Olivier have expressed worries on how it will affect Nahla.

    • mln76 says:

      Hmmm a man’s name has been dragged through the mud and when he’s exonerated (to an extent) it should be let go because it makes Halle look bad? Sounds fair.

      • Erinn says:

        Now, I know most of us are pretty level headed women around here for the most part (I’m not excluding you Deena- not trying to pick on you at all) but there tends to be a double standard. A lot of women are much less sympathetic to a man when shitty things happen to them. Not all women. But some. And it’s ridiculous. I don’t think it’s always intentional either. Maybe we have a tendency to be more supportive of our own gender in some cases, just as we have a tendency to be more cruel to them in other cases.

      • Hoya_chick says:

        I totally agree with you Mln76. Obviously there are posts/people where the majority comes down on one side (see most Lohan and Rimes posts) but I think in general comments are fair and based on the facts of the situation. Turn about is fair play. Halle’s apparent master plan blew up in her face. Aubrey’s exoneration deserves just as much coverage as the fight, which to me seemed like a set up from the get go.

    • Lulu says:

      Funny – they didn’t seem to be too worried about how moving Nahla out of the country and away from her father would affect her.

  3. annabelle says:

    I’m so team Aubry on this ….but…

    Halle clearly has a defunct dick picker. Her tastes in men is well documented as horrific, this fact alone make me always sort of doubt the total innocence of Gabriel. I guess there is a chance that he was the one exception to the rule and maybe that’s what lead to their break up but the very fact that Halle was with him at all is somewhat telling.

    • annabelle says:

      Also, every picture I see of Oliver, the word “coke head” pops into my brain. He looks like a substance abuser.

    • mln76 says:

      Meh I have always been Team Nahla…I think it was best for her to have her father in her life. I have never believed he was perfect but honestly I think the worst he is possibly is a bit dumb and easily manipulated by Halle.

    • Violet says:

      I don’t think that Halle has a defunct dick picker. In fact, I think that she usually gets involved with normal guys. After a while, these men realize that she’s batshit crazy and Halle then exaggerates — or completely fabricates — their flaws when they leave her and go back to living drama-free lives.

      That said, I think her latest man is an exception. Based on his history PRIOR to dating Halle, Olivier Martinez truly is a womanizer with anger issues.

      • Lulu says:

        Violet. Wesley Snipes hit her so hard in the head that she lost hearing in one ear.

      • Violet says:


        Was there ever any evidence to substantiate Halle’s claim that he hit her? Because after Nannygate and this Thanksgiving fiasco, Halle has zero credibility in my eyes.

        Wesley Snipes has been charged with tax evasion, but there’s no mention of him being violent with anyone…other than Halle, and all we have is her word. She never went to the police, no one else has ever accused Wesley of violence, and he’s never been in the headlines for anger issues.

        On the other hand, Halle has a history of launching smear campaigns against her exes. Plus let’s not forget her TWO hit and runs, which reflect her complete lack of ethics.

      • Anon says:

        It’s always repeated that she lost her hearing on one side. Does she wear a hearing aid? She doesn’t hear on one side at all? Is it noticeable to those who talk and work with her? Seems being deaf on side would be a bit difficult (at least). Not being funny at all. Really wondering if this is only a much repeated rumor or a fact.

      • Violet says:


        Well, it’s not a rumor in the sense that Halle herself claims to be almost deaf in one ear. However, that doesn’t mean it’s a fact.

        Could be that she has mild hearing loss caused by her diabetes, and she’s lying about the extent and the cause. Then again, her hearing might be just fine.

      • annabelle says:

        David Justice (former husband) nearly killed her, with the beatings.

        Other ex (singer dude) was a rampant cheater.

        Oliver pounds dudes in front of their kid and buys hard liquor at 7am.

        I say her d-ck picker is defunct. AND she’s probably a wackadoodle herself.

      • Violet says:


        Is there any proof that any of her other allegations are true? Did David Justice ever get arrested or jailed for domestic violence? Have any other women spoken up against him?

        As for her other ex-husband, he went on the record admitting that he cheated but that it wasn’t anywhere near to the extent that Halle claimed.

        See, that’s my problem: All we have is Halle’s word that she’s been mistreated by every man she’s ever been with. Up until Gabriel went on a date with Kim Kardashian, Halle had nothing but good things to say about the father of her child. After the date, he’s suddenly branded as a violent racist.

        If you go back and look at my original comment, you’ll see that I agree with you about Olivier. I tend to believe her other exes were normal guys, but that Olivier is bad news. In that sense, he and Halle are a perfect match.

      • Lulu says:

        @violet: I found this. And Wesley Snipes never argued it that I know of. _______________________________________

        Actor WESLEY SNIPES has been exposed as the abusive ex-lover of HALLE BERRY, who struck the actress so hard, she lost most of the hearing in her right ear.

        R+B singer CHRISTOPHER WILLIAMS – who dated Berry in the early 1990s – has made the startling accusation against the BLADE star after getting upset with the number of people who assume it was him who dealt the screen beauty the damaging blow.

        He tells entertainment news website EURWEB, “The stuff they wrote about (me) and Halle was totally false. They said something like I busted her eardrum, and I’m tired of it. I never said it (before) but I’m so tired of people thinking I’m the guy (who did it). Wesley Snipes busted her eardrum, not me.”

    • Violet says:


      This comment from one of Halle’s exes basically amounts to speculation and hearsay. The bottom line is this: Has any other woman ever accused Wesley Snipes of violence? More to the point, has he ever been arrested or jailed for domestic abuse?

      Just because Wesley Snipes never publicly defended himself against Halle’s accusations doesn’t mean they’re true. He’s let his reputation speak for himself, and his criminal record begins and ends with tax evasion.

      Once again, this is my point: Halle appears to be only one making these claims, and she’s never backed up any of her accusations with evidence. Even more significant is the fact that she never went to the police with any of her allegations.

      So, I stand by my original comment. Judging by her previous relationships, the abusive person in Halle’s relationships is Halle. The exception is Olivier, who seems to be every bit as toxic as she is.

  4. T.C. says:

    Nahla will one day find out that Halle decided to stay with a man who brutalized her father. It won’t be pretty when she does. Girls become very attached to their daddies. She will also understand that Halle tried to separate her from a loving father. There will be hell to pay.

  5. swack says:

    What I don’t get is why the fiance wasn’t told he needs to stay out of fights also because to me he also assaulted Aubry. I understand self-defense when one is being beaten on, but what he did to Aubry was beyond self-defense, especially since the only injury he had was his hands from hitting Aubry. I’m glad Nahla gets to see her dad, just let’s hope that all the drama ends in 2013.

    • TG says:

      I think it is obvious the police were paid off, probably ahead of time too. It seems from the moment they arrived on the scene they immediately assumed Gabe with the guilty one and poor thug Olivier the victim. They also refused to get the tapes and when it turned out there was no tape (which all of us smart b*tches on here knew there wouldn’t be) they immediately corroborated Halle’s bs story about turning the camera to the street, they said they told her to do that a year ago. That smells of a coverup to me. When do the police start defending criminals? They seemed to have been on her and Olivier’s side even before the beat down, I think it was planned and they were probably aware it would happen since don’t some of them moonlight as her security team?

    • jwoolman says:

      Maybe Boyfriend was indeed told to keep his nose clean. Maybe Dad was told nothing of the sort. I can’t believe an experienced judge or DA could look at the injuries and conclude that mom and Boyfriend are the ones telling the truth, especially when dad wanted the police to get the security video but Boyfriend and mom said oops, despite being so afraid of paps and stalkers we want to run off with the kid to France, we didn’t aim a camera at the place where allegedly violent dad routinely exchanges the kid. At the very least, a judge or DA would be concerned about how way beyond self-defense Boyfriend went, since that (together with his record) makes him a danger to others. Not to mention the fact that Boyfriend even being there during the transfer was a direct violation of another judge’s order.

      All this is filtered through TMZ, which has been publishing mom and boyfriend’s version from the get-go, starting from while dad was still hospitalized and undoubtedly still suffering from concussion as well as severe pain. This sounds like Mom and Boyfriend’s continued spinning of a tale.

  6. TG says:

    I am team Gabe all the way on this. And like someone said above why shouldn’t his exoneration be covered? All everyone remembers is the bad stuff Halle accuses him of like racism, violence and I think even sexual abuse of Nahla. Then when she gets proved wrong in court no one remembers that. Halle, her thug boyfriend and her lawyer likely planned this beat down and I still think it was attempted murder and I don’t think for one second this woman is done. Let’s hope Gabe has learned his lesson not to trust this b*tch and her thug of a boyfriend. She will not stop until she has taken their daughter away from Gabe whether that is by the courts thru her successful manipulations or his death. There is nothing amicable about this woman and it would be dangerous for Gabe to start believing otherwise. let’s also hope Gabe now carries a camera around everywhere he goes, especially when it will be near halle or her thug. Hope he has one mounted on his car too. A more machinating woman I never saw.

  7. Guest says:

    I hope Gabriel cease to take the monthly stipend from Halle. She has already spent $3 million dollars on this matter. Now that he is on the market; applications and bank statements can be forwarded to him: a new sugar mama will ensure that will stop spending his daughter’s inheritance.

    • LAK says:

      Why so bitter and insulting?

      No need for Halle to have spent that sum on trying to remove and smear Gabriel.

      She should concentrate on being a good parent instead of this. We see through her and it will affect her ability to make money, if it hasn’t already, if she keeps this up.

      • Latisha says:

        I totally agree with you Lak,if she diddn’t want to spend millions on lawyers then she shouldn’t have tried to take her daughter to another country.Has anyone ever asked Halle if she believes that Gabrielle would have the right to move his daughter to Germany if he fell in love with a German woman.And ask her to fly out and visit Nayla with his new wife!That sounds crazy and selfish,doesn’t it? I used to be fan of hers before this custody business showed her true colors.

    • bluhare says:

      It’s called “child support” not a monthly stipend. Gabriel and Halle have 50/50 custody and courts tend to like children to live similar lifestyles in both homes.

      Halle has spent $3 million trying to take her daughter away from her father. Perhaps you could find a way to tell her there might be better things to spend $3 million on.

      Talk about sexism. Women can collect child support, but men can’t?

    • anon33 says:

      “Spending his daughter’s inheritance?!”

      Oh, ok, I get it, somehow GABE is to blame because Halle is an asshole and wants to move to France and sever all ties with him, but he won’t let her do that. I guess he should just “man up” and let his daughter go?

    • TG says:

      Guest – You are an idiot and you have come to the wrong place to bash Gabriel. The people who comment on this site are smart and have been paying attention to what that witch Halle has been up to. We do not just blindly support someone because they are a woman, etc. as you appear to. Halle and her thug boyfriend are evil and we are on to them and it looks like the judge is too.

      • mm says:

        Guest is one of the people Halles PR team has paid to comment on sites like this one, you can spot them on the codewords; “Gabe spending his daughters inheritance” is one of the memes they are trying to spread.

      • Guest says:

        @ TG
        There is no need for name calling; it indicates a lazy mind. I view life differently. I am not a fan of Ms Berry, I was raised by a single parent and fully appreciate the dynamics that scenario entails. I am not a part of a team of any kind but passionately believe in fair play. My values refuse to let me see him as a complete innocent. Do the right thing by your child as a male parent. Pay child support; not the other way around.

    • Gemini08 says:

      Your comment is not only sily but inaccurate. Any money that Halle set aside for Nahla Gabriel would not be able to access. That would be illegal. And since the two were never married he wouldn’t even have access to it in the first place. Perhaps Halle’s PR people should have told you this before they paid you for commenting.

      • Guest says:

        Paying out huge sums of money now will lower the amount of income availble for investments to benefit his offsping should Halle die. Do you lack reading comprehension skills?

    • jwoolman says:

      He started getting the money only after she tried to argue she should have full custody because his place wasn’t as nice as hers… He had not originally asked for anything. California has a formula they use to even things up when there are differences between parental income, so the kid has a similar standard of living at both homes. He rented a “nicer place”, although I’m sure his original place was just fine. But Halle’s nonsense has cut into his income, I’m sure, especially this latest attempt to get rid of him. I do hope he’s careful, he shouldn’t go near her house without a bodyguard and cameras rolling. I also worry about the kid’s emotional and physical safety, mom is not right in the head and mom’s boyfriend is violent. The kid will become more at risk from both mom and boyfriend as she gets older and less easily totally controlled. Mom will freak if the kid eats pizza with friends on non-pizza day…

  8. Lucky Charm says:

    Good news. Now, when is OM going to be charged with assault and deported?

  9. Anon says:

    Thanks for answering, I have only really noticed HB since she had her daughter. I basically don’t know enough about her (just what I have read here) but I agree that its just what Halle says at least to me. You would think if her first husband almost killed her (like the poster annabelle asserts) it would have been big enough news (Both big celebs) for even myself to have noticed. (like the GB OM incident) That is why I asked if anyone that works with her notices; I would think a profound hearing loss would be a handicap in her profession. Also was her ex husband prosecuted or reported to the police? Is her hearing loss documented anywhere?

    • Lulu says:

      @Anon: Halle’s own words at The Mayors Fund Benefit In New York City.

      “I devalued myself and thought I wasn’t worth it. I chose partners that mimicked my father. It was only when I was in an abusive relationship and blood squirted on the ceiling of my apartment and I lost 80% of my hearing in my ear that I realized, I have to break the cycle.”

      Later on in the article it then states that Wesley Snipes was revealed to be the abusive ex.

      • Anon says:

        “Halle’s own words” are not proof enough. Hospital records, Police calls, something. Even her dad, with Halle only one side to the story, Halle’s. All her stories “blood squirted on the ceiling of my apartment and I lost 80% of my hearing in my ear” no one heard, no one called the police, who cleaned the blood off the ceiling? Never mind that’s why I don’t comment much. Have a good weekend all 🙂

  10. Trashaddict says:

    Oh I think Nahla should go to the Buckley school. If Halle is anything like her reputation (which even if she’s crazy I suspect if much exaggerated), then they deserve her drama for statements like that. I would guess there’s plenty of bat-shit crazy parents in that school. And no, I have no inside knowledge. Just a statistical bent.

  11. Gemini08 says:

    Glad that Halle and Olivier’s plotting backfired on them and that Gabriel gets to be a part of his kid’s life. Nahla deserves to have her father in her life.