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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
31.

Zoe    

I can't believe the cops just take Halle Berry's and Oliver Martinez's witness account over Gabriel Aubry's. I mean look at the condition Aubry was in. He claimed to have his head smashed repeatedly on the pavement during the altercation and they are ready for his witness account directly after? Come on! guys! Halle is a know liar! Between car accidents she can't remember to child custody allegations that were proven futile! Come on.

589 days ago
32.

kitnplayn    

Both of these men are innocent, and both of them are to blame, since they should not allow a devil woman to pull their strings like a voo-doo puppet.

589 days ago
33.

scoopie    

And we, the commentors on TMZ say that it was a set up against Gabriel.

589 days ago
34.

La Quebecoise    

Sad to see how biased TMZ is on this story....i guess Harvey doesnt have he balls to expose these two for what they really are! Evil...

589 days ago
35.

RR    

To quote taylor swift..... they're NEVER EVER EVER EVER EVER EVER moving to France :P

589 days ago
36.

Sunset    

The cops are stupid and star struck! Anyone with half a brain could see that Oliver was the agressor since Gabriel had horrible injuries and Oliver had none except his hand. Also Gabriel had no injuries to his hands. Gabriel's injuries are consistent with his story. I have read Gabriel's declaration and it states that cops immediately arrested and handcuffed him after Oliver told them that Gabriel attacked him so it is obvious that those jerks did not talk to any witnesses or even ask for the security video that Gabriel was immediately asking them to get before they arrested him! Disgusting. That is not the way cops are supposed to handle things when deciding to make an arrest. Oliver and Halle are the bigger celebrities so they took their word for it which is horrible. That cop who wrote that report needs to be fired! It was NOT mutual combat when Gabriel is the only one with injuries! Gabriel could not fight back because he said Oliver jumped him from behind and started banging his head on concrete so he is not a ***** and he is not a golddigger Eatme you idiot! Learn the facts! I hope the court rules Oliver can not be near that child since he is violent and I read Gabriel is asking for that. In fact I wish Gabriel would get full custody. By the way, I read in Gabriel's declaration that THE COURT HAD SAID THAT HE COULD HAVE NAHLA ON THANKSGIVING but he agreed to Halle's request that she have her on Thanksgiving because he was being nice! He didn't even have to be there on that day! I hope Halle and Oliver get their Karma!

589 days ago
37.

eivissa    

I am banned, so I can't comment.
~
But I will say this.
Where I live, in the North East Coast.
Bucks County. Buckingham.
~
The Police do something unusual that the L.A.P.D. don't.
~
THEIR JOBS.
~
Because in this very rich area we have a virtually NO CRIME AREA. ALL BLUE RIBBON SCHOOLS. The police actually ARREST the criminals. If you break the law. YOU GO TO JAIL for the term the judge gives you. We have the basic DUI, druggie stupid rich kids, stupid stuff, etc....
~
What I just read is an embarressment.

589 days ago
38.

niles    

Of course the cops will believe anything a celeb tells them, and how is someone in Gabriel's condition suppose to remember everything after having his head smashed on the ground?

589 days ago
39.

tess    

We already know this TMZ, the fight took place last week! We already know what the cops concluded that day, why bring up old news.

589 days ago
40.

itznarin    

So does he still get to see his kid or no

589 days ago
41.

Denver    

And we're sure these guys arent twin brothers?

589 days ago
42.

blueyes    

I still believe Gabriel was set up. It doesn't make any sense for him to be the aggressor as he had been winning all the court cases. Halle is the one who is upset not being able to move to France.

589 days ago
43.

Tanzaboy1990    

Of course he got set up by them 2...

589 days ago
44.

Fallopia Lopez    

This is all Halle's fault. She is the one with the power to stop this.

589 days ago
45.

JLS    

OMG what stupid cops!!!!! Of course Halle is going to back up Oliver making it two people's word against Gabriel. And those cops couldn't figure that out? God help them. Halle was told she couldn't take the kid and move to France just days before this took place. It's extremely CLEAR what took place here. This was orchestrated by Halle in order to rid Gabriel out of his daughters life making her free to move anyway.

589 days ago
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