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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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Previous 15 Comments | 13 | 14 | 15 | 16 | 17 | 18 | 19
271.

aboveitall    

These comments on here are sickening. You all don't know Aubry. I sense you people are sticking up for him because he's white and Halle is black. Aubry sounds like a man scorned, he is not as innocent as you all want to believe. He's a pretty boy gold digger. Halle has to pay him child support and put up with his nonsense. He just mad because another man is chopping down Halle...he loves that black punany and can't get over it so he's trying making make her life as miserable as possible. He's a little pretty girly boy.

602 days ago
272.

Sloane    

if Aubrey had only 3 shots to the head/face- then where did the rib injury come from- not from the fall after the hit that's for sure
Martinez, the boxer, made sure to get in at least one body shot- so if he's lying about that- he's lying about more
Mrtinez goaded/baited Aubrey- with or withour Berry's prompting
unfortunate that Aubrey fell for it and swung (if he was the first to do so)
but how much can someone take?
he's been relatively quiet the whole time he's been struggling to keep his child in his life.. compared to Berry's public campaign to do and say anyting...ture or not.. to get the judge and the public to turn against him
.
I am still team Aubrey and I"m a divorced mom who fought and won custody of my son

602 days ago
273.

jen    

BS! That cop sucks! Look at how beat up.Aubry was and he immediately demanded cops check out video surveillance footage. Halle and Martinez are claiming there isn't any footage because security cameras weren't monitoring that area of the house even though Halle was having problems with a stalker! Yeah right! Who leaves an area unmonitored when they have a stalker and a small child? Especially with her money?

602 days ago
274.

slcslc    

Team Olivier!!!! Lol

602 days ago
275.

jen    

Plus Aubry had been doing well in court cases and Halle had not. There isn't any motivation for him to instigate anything but Halle had plenty of reason to.

602 days ago
276.

Twisted Sister    

Team Aubry all the way!

602 days ago
277.

andrea    

I think there's enough blame to go around in this entire situation. What I find interesting is that there are a lot of people who hate Halle Berry's guts, judging from the endless comments following every article. I guess being rich and beautiful really upsets the trolls down in Haterville, USA! Of course I don't believe she orchestrated the fight. She may however be guilty of demonstrating poor judgement by allowing the fiance to go outside to receive the baby in an arranged drop off or for even interacting with the child's father at all. I wouldn't have allowed their paths to cross under any cir***stances, at least not while there is still some contention and ill feelings. That being said, I believe the father was the aggressor (just because he's victorious in the custody case doesn't mean he's singing "kumbaya"!) It is quite possible that he's still irritated by these two and probably didn't appreciate being "greeted" by Mr. Fiance. I do believe his temper flared as it did with the nanny whom he also had no business putting his hands on. Only this time he got his ass beat. His story changed in 24 hours, suddenly in court the next day there were death threats and other obvious fabrications that he neglected to tell the police in his statement. I guess he realized that as the father, starting a fight wouldn't look good in the custody case. As for Halle, when you're co-parenting with someone, you should not be allowed to just move the kid out of the country. For that bulls#$* you should be paying his legal fees. But Gabriel, $20K/month to co-parent your own child? Really dude? Something about that seems disgusting to me. I could see if he had sole/primary custody, then absolutely he should be getting her for child support. But as a man depending on a woman to support you in order to support your child? Really? I don't care about what lifestyle the kid's accustomed to. You look pathetic. But that's Halle's fault, she knew he didn't have any damn money when she got with him.

601 days ago
278.

2tall4u    

Gab is a liar too! LAPD asked him several times if he needed to add anything else to his statement - he said no. Yet four days later he comes up with "Nahla's afraid of Olivier". smh He's a dog and Olivier put him in his place and it only took 3 punches. He probably broke his ribs on his way down to the pavement. smh

601 days ago
279.

kelz    

So let me get this straight....you ppl that have never met this women hate her because she rich, beautiful and black and the cops are liars because as the people that wrote the report they don't know what happened...but you do because idk you dreamed it? There are some truly stupid ppl in this world that should have all procreating rights taken away from them so as to not pollute the population...and apparently most of them are Halle Berry obsessed haters that post on TMZ...lol...ok...you idiots make soooo much sense

601 days ago
280.

jamba8    

Yeah, Martinez is sexy is hell. . . if you're a biker chick and like a guy who fights like a coward.

600 days ago
281.

Ashley J    

I'm reading these comments and literally laughing out loud! At the end of the day they all have money and will continue acting like fools, so why are regular people so emotionally invested in their custody battle/baby daddy drama?!

599 days ago
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