gabriel aubry halle berry olivier martinez*Because he’s too pretty to serve time (wink, wink), and has some money, Gabriel Aubry won’t be prosecuted for starting the fight at Halle Berry’s house on Thanksgiving Day.

Police officials say the model actually landed two blows on Oliver Martinez before he got whooped. But Oliver only hit Halle’s ex out of self-defense.

Actually, the real reason he’s getting the pass is because Halle and her man aren’t pressing charges. They don’t believe it would be in little Nahla’s best interests to see her daddy go to jail.

However, it is likely during an upcoming court hearing, he will be assigned to take anger management classes.