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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

No Avatar
16.

quezcotl    

So Basically if my girlfriend slap me, I can punch her and knock her out leaving her with a black eye, and then say "she started it".

IN Swedish law we have a rule that says:use only enough force/violence as the situation require to protect yourself. This guy knocked out another guy while having no marks on him at all. In Sweden he would be in jail by now.

512 days ago
17.

Olivia3100    

Be careful bad mouthing about his love to a Frenchman!!! Seriously I'm guessing he thought he was hot stuff. Oops!! His wounds don't show Olivier was the aggressor, just that he knows how to fight.
Calm around the child boys!!

512 days ago
18.

Lucy    

And the child? What about her? Why can't 3 adults get their act together and raise this child in peace?

512 days ago
19.

DeAnna    

LAPD looks foolish

512 days ago
20.

ROTTIE    

Gabriel got what he deserved - won't run up on Oliver anymore. Oliver came out of this sexy as hell. Fine ass man who can hold his own.

512 days ago
21.

Bellaca    

I knew Gabe was lying. Sucks! He's a dumb model who lost his temper and paid the price.

512 days ago
22.

Mandalay    

I don't believe it for a second. I will check Radar Online for the other side of the story. Why did Aubrey beg for video recordings that were purposely not filming the scene. Boycott

512 days ago
23.

Mandalay    

Boycott Halle Berry. Start writing to her sponsors. She has a new shoe line with Deichmann coming out. Complain to Revlon, Versache and Cody Inc. and tell them you will boycott their products until she is removed.

512 days ago
24.

LOZAP    

Honestly, whether HE DID INSTIGATE it or not...HALLE BERRY IS AN EFFING PSYCHO! EVERY relationship she's ever had she's claimed violence or some sort of victimization. First she gets beat by Wesley Snypes, then Dave Justice, then she gets cheated on by Eric Benet, now she's supposedly the victim of Gabriel and she's w/ a new dude who's violent! SOMETHING TELLS ME THAT THE PATTERN HERE ALL LEADS TO THIS PSYCHO BITCH AND MAYBE THEY WERE ALL THE VICTIMS AND THEY REACTED THE WAY THEY DID! I don't condone hitting women...I am one! BUT THIS BITCH ISN'T A SAINT AND SHE PROVES THAT BEAUTY CLEARLY ISN'T EVERYTHING WHEN SHE'S AS UGLY AS A FESTERING BLISTER ON HER DIABETIC ASS!

512 days ago
25.

Observation    

Harvey must have just gotten off the phone with Halle or her publicist.

512 days ago
26.

kitnplayn    

I despise women like Halle who pit men against each other. If she wasn't perpetually smack-talking her ex to the new guy, the new guy would not have the degree of hatred that he has. The new guy should not even be involved or present during issues or child exchange involving the ex, and he surely should be keeping his mouth shut. There was nothing wrong with Gabriel when Halle chose to be with him, that she even had a child with him. She is a woman who is exhibiting a hater and a controller as an image to her child. Grow up all around.

512 days ago
27.

EatMe    

Interesting how many people are blaming and insulting Halle because Gabbie can't control his temper. Man, what a crazy psycho that bltch is for MAKING Gabbie start a fight. I bet it's her fault he fights like a 2 year old girl too?
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It's also funny how many anti-Halle accounts were created on the days of a Halle vs Gabbie stories, solely to trash Halle
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Yes, Gabbie, the few actual accounts that were not started by you or your friends do actually see what is happening here :)
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Now why don't you go put some A1 sauce on that mangled face of yours and feed a homeless dog, you worthless piece of SHlT

512 days ago
28.

Jermaine    

This must be a slow news day. All you are doing is printing the original police report. The cop who arrived on the scene took down the info Olivier Martinez gave him. Did you think Olivier was going to say, I picked a fight with my girlfriend's Ex?

512 days ago
29.

janet    

This is going to be like Ox and Gibson. Long and drawn out. Yep, just use the kid.

512 days ago
30.

Truth    

Why does the name Officer Tim Chung ring a bell? What other high profile botched case has he f*cked up?? Wasn't there an asian dude involved in the OJ case??? #TRUTH!!

512 days ago
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