Gabriel Aubry will not face criminal prosecution after brawl

Canadian model Gabriel might not face criminal prosecution for the Thanksgiving Day fight at Halle Berry’s home, law enforcement sources have informed TMZ.

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Gabriel was arrested that night after Berry’s fiancé Olivier Martinez called the police. He was booked for battery. TMZ reports that the case will be sent to L.A City Attorney’s office on Thursday, but the police will not make recommendations as to whether Gabe should be prosecuted.

The same sources also say that the consensus is that the fight was a mutual combat and highly unlikely that charges will be filed.

After the fight, Berry got a restraining order against Gabriel where he is to stay 100 yards away from his daughter and her fiancé. Yesterday, he was shut down in court when he tried to ask a judge to lift the restraining order. The prohibiting order expires tomorrow but if she wishes, Halle can go and obtain a new one.