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Gabriel Aubry dodges charges in Halle Berry fiance fight

December 13, 2012 | 11:39 am

Gabriel Aubry black eyeHalle Berry's ex-boyfriend won't face a court proceeding Thursday regarding an alleged assault on her fiance after prosecutors decided to put Gabriel Aubry on notice that he will be taken to criminal court if he violates the law in any way in the future.

Frank Mateljan, a spokesman for Los Angeles City Atty. Carmen Trutanich, said a court date on Aubry's arrest was vacated, and the parties involved will be informed of a city attorney's office hearing. During such hearings, the accused is usually warned that any alleged illegal behavior within the next year will result in charges.

Aubry and French actor Olivier Martinez, Berry's fiance, got into a fight on Thanksgiving at the actress' Hollywood Hills home. Aubry claims he suffered a fractured rib, bruises to the face and cuts that required stitches. But he was arrested on suspicion of misdemeanor battery after police responded to a call that he had gotten into a fistfight with Martinez.

PHOTOS: Halle Berry, Gabriel Aubry, Olivier Martinez

Martinez and Berry opted not to pursue the matter, claiming it was in the best interest of Berry and Aubry's daughter.

Aubry previously alleged that Martinez threatened to kill him if he didn't move to Paris, according to court papers. Aubry said he had been romantically involved with Berry from 2005 to early 2010 and the couple had a daughter, Nahla. After ending the relationship, the pair fought over whether Berry should have primary custody or joint custody with Aubry.

They shared custody, but in 2011, Berry sought permission to move to Paris with her daughter. Los Angeles County Superior Court Judge Mark A. Juhas denied the request, setting the stage for the physical altercation.

During the Thanksgiving fight, Aubry claimed in court papers that Martinez told him to tell the judge in the child custody case that "you’re going to Paris or I’m going to kill you."

"You’re going to Paris, you’re going to get your 20 grand a month in child support," Aubrey’s declaration states, purportedly quoting Martinez. Martinez then allegedly threatened to kill Aubry unless he told police that he had started the altercation, Aubry claims.

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-- Richard Winton

Photo: Gabriel Aubry after his confrontation with Olivier Martinez. Credit: L.A. County Superior Court.

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