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Halle Berry's ex, Gabriel Aubry, will not spend time in the slammer for his Thanksgiving brawl with Oliver Martínez, the beauty's Spanish fiancé.
Authorities tell TMZ that the case will be at the L.A. City Attorney’s Office by Thursday. They also say that as of now the altercation is being seen as “mutual combat,” and therefore it is unlikely Aubrey will be charged.
Still, Aubry was shut down when he asked a judge to lift the restraining order, which forces him to keep at least 100 yards of distance between Berry, their daughter Nahla and Martínez.
The restraining order expires on Thursday, but it is reported that Berry will be asking the judge to extend the restraining order indefinitely.
As Fox News Latino reported on Tuesday Aubry said he was a victim of an unwarranted attack that is allegedly part of some scheme to get him deported, as well as for Berry to win back custody of their daughter.
Aubry supposedly requested for police to obtain security footage from Berry’s home, which would prove who instigated the fight.
“I told the officers that (Martínez) 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. Martínez deleted them,” said Aubry in a sworn declaration to officials.
While Berry’s camp insists Aubry provoked the fight by throwing the first punch after dropping off his child, he’s now stating Martínez threatened to “beat the s***” out of him earlier this week. Aubry is also allegedly stating that on Thanksgiving, “Olivier jumped off the stairs and knocked” him to the ground, leading to a brutal fight.
“We called the cops (and when they get here) you’re going to tell them that you’re the one who attacked me, or I’m going to kill you,” revealed in Aubry’s declaration on Martínez’s threat.