The cops decided to arrest Gabriel after the employee who helps Halle take care of her daughter Nahla testified that the baby daddy provoked the fight.
Halle Berry's ex Gabriel Aubry, who insisted he's not the aggressor in the fistfight against her current fiance Olivier Martinez, did look like the victim due to his badly-battered face. A testimony by a nanny employed by Halle suggested otherwise though, resulting him to get arrested.
According to a law enforcement member familiar to the case, the babysitter told the cops that Gabriel initiated the physical altercation by pushing and shoving Olivier. Thus, the 37-year-old male model was taken into custody on suspicion of misdemeanor battery.
The nanny was one of the key witnesses along with Halle in the dramatic thanksgiving fight that led the two love rivals to go to hospital. Halle's 4-year-old daughter with Gabriel, Nahla, was also present when the scuffle happened, but the little girl was quickly whisked away when it started.
The melee occurred on Thanksgiving day in the driveway of Halle's house when Gabriel dropped off Nahla. Gabriel insisted he was unexpectedly ambushed and threatened by Olivier, while Olivier claimed Gabriel attacked him after he said, "We have to move on."
Post the altercation, Gabriel was ordered to stay 100 yards away from Halle, Nahla and Olivier. The model responded by filing a restraining order against Olivier, which was granted by the judge. He also tried to overturn an order banning him from seeing Nahla, but failed.
As the case continued on, details of Halle's 5-year relationship with Gabriel started to unravel. In court filings submitted by him to seek restraining order against Olivier, he referred to the actress as his "ex-wife" sparking rumor that they may have been secretly married.
Gabriel is set to appear in court on December 13.