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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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61.

BLONDIE    

#TEAM HALLE all day! LMAO! I bet he check the credentials of the NEXT dude he swing at Olivier was not the One....TWO...THREE TO THE DOME! lol.

589 days ago
62.

BW    

Let's wait and see what the other news sources say. I thought Halle was always in the house when there was a drop-off, so why this time, was she outside, and the "crucial witness". Plus, I thought she "rushed Nahla in the house". Something is not right here, tmz, and LAPD must be star-struck or stupid to fall for Halle's lies.

589 days ago
63.

wow!    

Oh yea....well cops belived Susan Smith when she said black men killed her children....turned out not to be true. 2 conspirators and 1 employee of a conspirator against 1 man who just won a major battle against the 2 conspirators with the same evil agenda....this is why we go to trial....police dont always listen to the right people or breakdown the FACTS properly....

589 days ago
64.

Zoe    

Boy, Halle's PR is really working the "Hate" buttons tonight.

589 days ago
65.

Judy    

I can't believe what I just read. Her boyfriends hands are a death weapon. He was a pro with his hands. Look at Gabriel face. Looks to me that her boyfriend just kept hitting and hitting. He is the one that should have gone to jail. This matter should not end, Gabriel attorney should go after Halle and her boyfriends. My heart goes out to that little girl. As long as Halle is with her boyfriends the child should be taken away from her. What happens if he gets mad at the child and hits her like he did with the father. Go after your daughter Gabriel.

589 days ago
66.

Texas    

TMZ, y'all are cracking me up with this coverage! Every, single story about Gabriel Aubry miraculously shows up at the top of your site, yet, stories painting the other parties in a negative light seem to get buried beneath other stories. Harvey, can you please move so we can start receiving unbiased reporting?!

589 days ago
67.

Sensei    

How funny someone is obviously "HATING" all the logical deductions today. Outrageous. Like a Hollywood comedy about Hollywood. The money that can buy everything. The exchange of evil benefits behind beautiful people/things. Someone should write a parody about this.

589 days ago
68.

FLO    

Cameras turned away from the area Ollie comes out to take custody and Gabriel's face ends up like that?
Halle's plan to remove Daddy is written all over this, Martinez had no business insinuating himself into the hand over of Nahla.

589 days ago
69.

Babs    

Of course Gabriel's attorneys told him not to speak to the police. Chances are it would have ended up on TMZ before Monday, the first day they could go to court!

589 days ago
70.

dmanley    

They support him financially and have offered to move him to France also. He's just making waves because he can.

589 days ago
71.

Kiki83    

Halle's baby daddy is a gold digger. His only interest in Nahla is the 20k a month he gets from Halle. He's just as worse as the strippers, video hoes, jump offs, groupies and what ever else they call them these days that chase athletes, stars, and old men just to get a pay check #baby. As soon as he was awarded his 20k he completely stopped working.

589 days ago
72.

Kiki83    

Halle's baby daddy is a gold digger. His only interest in Nahla is the 20k a month he gets from Halle. He's just as worse as the strippers, video hoes, jump offs, groupies and what ever else they call them these days that chase athletes, stars, and old men just to get a pay check #baby. As soon as he was awarded his 20k he completely stopped working.

589 days ago
73.

mike cohen    

No, Oliver Martinez should be in jail. He had no business outside waiting for Gabriel.. and they (Halle and Oliver) knew those cameras were not pointed in the vicinity of the criminal assault,
Fight them Gabriel.. Fight that nasty bitch and her squinty eye'd arrogant abuser of a boyfriend

589 days ago
74.

Debdenis    

Crap!! All crap. Halle set him up with Martinez. why would Gab do anything to warrent the police called, he won the custody against leaving for france? Makes me think that they provocked the whole thing to try again at court and make the dad look dangerous. Being a mother of 4, how can halle let that man be around her kid, after the hostle beating the dad took. Something wrong with her. Trying to kill herslef, going from relationship to relationship. She isn't well in the head

589 days ago
75.

Kendi C.    

At the end of the day it Gabriel's word vs Olivier's word. I believe there were other witnesses as well. Most trained fighters try to avoid physical confrontations. They work their aggression out at the gym. However, they will defend themselves and no its not going to take 20 punches to hurt you. He absolutely could have gotten that face with a trained fighter hitting him 4 or 5 times. There are many people out there who picked a fight and regretted it.

The story Gabriel told was pure bs. Why on earth would Olivier say that he was costing him money when I'm sure Halle can pay her own legal bills as she has as much if not more money than Olivier. Also, saying that Olivier told him he has to move to France was ridiculous especially since they most likely want to get away from him and not take him with them. Finally, death threats really. Funny how he only remembered them once he realized how badly he screwed up. It is clear to me that his statements were made out of guilt and desperation. This guy is clearly just as crazy as you guys say Halle is, maybe that's why they were together in the first place. But I can't respect someone who would lie to the police on someone knowing he was guilty.

589 days ago
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