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Gabriel Aubry

Cops Say He Was Aggressor

In Olivier Martinez Brawl

11/28/2012 5:13 PM PST BY TMZ STAFF
EXCLUSIVE

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Although it appears no criminal charges will be filed against Gabriel Aubry in the Thanksgiving Day massacre of his face at Halle Berry's house ... cops on the scene concluded he was the instigator ... TMZ has learned.

According to the police report, after interviewing Gabriel, Olivier Martinez and Halle, ​the investigating officer concluded, "Suspect [Gabriel] arrived at victim's [Olivier] residence for child custody exchange. Suspect and victim engaged in verbal altercation. Suspect became upset and attempted to punch victim's head but missed and struck victim's right shoulder instead. Victim returned with 3 punches to the suspect's head, causing him to fall to the ground. Victim's fiance [Halle] notified police."

It's interesting ... Olivier and Gabriel each claimed they said nothing to incite the other, but the report concludes both were smack talking.

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According to the conclusions in the police report, Olivier acted in self defense: "Victim defended himself and punched the suspect."

And law enforcement sources tell TMZ ... Gabriel never told police about the alleged death threats made by Olivier both the day before and during the fight ... threats he later claimed were made by Halle's fiance. What's more, cops contacted Gabriel after the fight and asked if he had more info, and he passed. There was no mention of death threats.

Nonetheless ... in the end law enforcement believes it's a case of mutual combat and it's almost certain Gabriel will not be prosecuted.

620 COMMENTS

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1.

RR    

ODE: to all the men she's loved before: http://www.people.com/people/gallery/0,,20651640,00.html#21247349 and to all the ones she claims abused her.

643 days ago
2.

Wicked Witch    

Sure...and Halle Barry doesn't have mental issues.

643 days ago
3.

Gita    

OMG she is LOCO!!!! This will not end well. Just look at her psycho history. I'm sure it was a set up for Aubry. TEAM AUBRY!!!!! She knows how to play it.

643 days ago
4.

TrixLaRue    

These people should not be parents. Theyare all selfish, self serving fools. Poor little girl having to feel all that hate and anger from all the adults in her life. Disgusting.

643 days ago
5.

Wicked Witch    

I am sure Gabriel wouldn't adamantly ask for the video tape if he felt he was the guilt party. Too bad this sick b*tch will have her way eventually. Poor kid. Going to grow up having issues and using men to fill that void of daddy figure.

643 days ago
6.

Marcelaruby    

What goes around comes around! Poor nahla she lives with psycho's

643 days ago
7.

T-bone    

the fact that Olivier Martinez came out of the house for the exchange of Nahla makes HIM the agressor in my book. Who has the physical evidence. Let;s see Olivier's only physical injuries are to his knuckles. Aubrey's a brutalized face. This whole thing makes me sick !!!!

643 days ago
8.

EatMe    

aaawwww...poor little gold digging model boy can't throw or take a punch. ***** :D

643 days ago
9.

Zoe    

Like I would believe Halle Berry after all the lies she's already made. She wouldn't know the truth if it smacked her in the face. She truly needs psychotic all help.

643 days ago
10.

gemini81    

So sad that a beautiful little girl is in the middle of all this ridiculous behavior from adults that should know better. She's old enough to remember all this crap when she's older...I feel sorry for her, rich parents or not. Halle needs to get her sh*t together with this situation!!!!

643 days ago
11.

Jodi    

Of course Halle and Olivier are going to say Gabriel was the aggressive one. I don't buy that story one bit. I honestly think Olivier been wanting a piece of Gabriel since day one.......especially since the judge ruled Halle cannot move overseas with her child.

I hope Gabriel get some satisfaction in civil court when he sues Olivier for literally destroying his face. Gabe is a model and makes his money with his face.

643 days ago
12.

Truth    

test

643 days ago
13.

T-bone    

Martinez did more than self-defense !!!! He should be in jail !!!!

643 days ago
14.

Barbara    

More idiot star stuck cops at work.

643 days ago
15.

tenley    

Stop, TMZ. Your incompetence at handling the reporting on this particular story and your bias is stinking up this place.

643 days ago
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