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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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46.

TheBestHeEverHad    

I won't read the comments that are longer than the story, but I've been saying that the only good movie Halle did was Losing Isaiah. And she really didn't have a big role. But I never liked her. California is for celebrity whack jobs.

694 days ago
47.

the jake    

haha. Wait so the police " investigation " is basically writing down exactly what hollow berry and frog face said verbatim and calling it " facts " ? Right..... This is the same police department that didnt even ask to see the surveillance video until a week after the incident ?lol...Yeah, ill let the lawyers and their REAL investigators get the real story.

694 days ago
48.

IKnowthismuch    

Seems like someone wasn't telling the truth! If all the threats went down, why didn't he tell the police? Seems like a certain lawyer was way to quick to draw up papers without truly getting the police. Now I understand why the judge didn't lift the order. Gabriel, get a job cause you ain't a pretty boy anymore - no one wants ya!

694 days ago
49.

J    

How much to Hallie pay the cops for this report?

694 days ago
50.

La Quebecoise    

Halle was on Ellen a couple of weeks ago pretending to be all sweet, good hearted and classy....she was so fake.....she's not a good person...and i really hope the judges and cops see that...and Olivier is a loser.

694 days ago
51.

wow!    

Oh please....he said he said....

694 days ago
52.

Sensei    

Right. How else would Mr. Chung explain away his arresting the innocent and letting go the criminal? Don't think he looks forward to losing his job due to lack of professional skepticism and no proper and timely investigation. Bottom line: no one has the right to kick (literally) a loving father out of a kid's life.

694 days ago
53.

Babs    

TMZ,

What are your sources telling you about reports that Gabriel asked for the surveillance tape on scene?

Gabriel's wounds do not look like they are the result of three punches. It looks like he had the right side of his head pounded against the driveway.

694 days ago
54.

Jem    

All you people saying she is crazy, are not really understanding the problem. Crazy people don't know why they do the things they do. Berry does. Berry most likely has Borderline Personality Disorder, a black and white way of thinking, you're either my friend or foe mentality, and a pervasive need for OTHER people to fulfill her emotional needs. She is going to blame Martinez for overstepping his bounds and going too far with the beating, and Martinez will end up blaming her for getting him involved in this mess, and ruining his career. This can't be good for romance.

694 days ago
55.

Lynn M    

Gabriel was probably told not to talk to the police by his attorney. Even the most innocent person can be harmed by an innocent statement to police. They can twist anything you say into a confession. Gabriel was probably thinking the tapes would speak for him. It does seem odd that the one pointed at where he was standing was allegedly moved to cover another area. With as many cameras as she had, one would think she'd be just as interested as to how was in her driveway or at her door as she was as to who might climb her fences. Just not adding up.

The police are far more likely to believe the screaming woman. That's what they are trained to do, regardless of the actual truth. From the info available, the so called "witnesses" are tainted.

694 days ago
56.

FLO    

Halle & Ollie's word 2 against 1. I do not believe a word that comes out of their mouths

694 days ago
57.

DV    

No big shocker that's what the report says. Does anyone really think Halle, Olivier and the nanny didn't sync up their stories? What a crock. This was a huge set up and the cops fell for it. Hope karma bites Halle and Olivier in a BIG way. These two are vicious and dangerous.

694 days ago
58.

pica86    

They took halle berry and oliver side from the get go i wouldnt cooperate either if i was him disappointed in the law enforcement

694 days ago
59.

Demi    

Look how the " hate buttom " has Mpedup so fast. Fabricated news and posters.

694 days ago
60.

pica86    

This whole situation is bullshhhhhit

694 days ago
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