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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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76.

Didyourorderthecodered?#halleberry    

Mr. Aubrey, word to the wise..Forensic accountant..Follow the money. I would like to see bank statements and recent deposits, and or newly acquired investments from Officer Timothy Chung. Mr. Chung should be held accountable for his actions. Your job is to serve and protect. Major fail on your part. The simple fact that Ms. Psycho a.k.a Halle Berry, or anyone acting on her behalf would destroy security video footage is not a surprise. The most paranoid actress in LA, and just so happens on this one day, during this 1 hour or however long the fight lasted .. Camera was moved. Good one OFFICER CHUNG. Nice police work. You may have been able to tamper with the evidence Halle..but guess what? Your daughter will see everything that is being said about you and this mess you created because you didn't get your way. She will know the truth one of these days. All the lies, manipulation, and coersion won't be able to help you than. Sad day when the children are more mature than the adults. Move to france already...you make me sick!!!

611 days ago
77.

Laurenhm    

Either way you look at it, they set him up, by either provoking him or jumping him...in the end, they got what they wanted. Why I think Gabiel is telling the truth, he has to much to lose..think about it, he won in court. So, why risk having his daughter taken from him and or be deported. Not only that, he makes his money off his face...and if it were about the money, he wouldn't have broken up with Halle in the first place...he's the highest paid top male model. So, I don't think it's all about the money, but it's nice seeing a father fight for his rights...he and his daughter look so happy together.

611 days ago
78.

pica86    

Im starting to believe cops were paid, they know the evidence clearly showed who were the aggressor, so its no way in hell any criminal chaeges could be pressed on gabriel so they rather say it was a mutal combat that way oliver can not be presecuted i hope the cops involved in this conflict is questioned in court because aint no way in hell ths was a mutual combat

611 days ago
79.

tess    

Cops should have seen there were no scrapes on Gabe's hands. If this was mutual combat, there would have at least been scratches on Gabe's hands to show he tried to punch back. Nobody would just stand there not raising their arms or hands to block punches. In the photos, Gabe looks like he was caught off guard, pushed to the ground, pinned and punched in the eye.

611 days ago
80.

YouDontSay    

Yeah and O.J. was in bed reading a bible when his ex wife and goldman were murdered.

611 days ago
81.

Mystique    

Not buying it at all for a minute. Remember Gabriel repeatedly begged cops to secure a security video before it was erased then later found out it was no video. I believe Gabriel was telling the truth from day one after Thanksgiving incident. Photo of his bruised face that does not lie. it does prove that Martinez was the one did that not Gabe. this story gets more sicker than ever! UGH! Totally B.S. Team Gabriel

611 days ago
82.

hewito    

there is no way a cop can say who was at fault...I think he is taking sides..I been in boxing so it is possible he threw one punch (missed on purpose)waited for the other one to act and then beat the crap of him..

611 days ago
83.

ruby120    

Gabriel has custody and shared Thanksgiving with Halle and this is the thanks he gets? See what happens when your nice to an evil crazy woman! Now that ugly tramp is laughing! She should be thankful she has a good father for her child and his kindness! Next time it's not her holiday, done share Gabe! Let that evil queen suffer, let her realize what a good man and father you are. Shame on you for sending your boyfriend out to retrieve your child, you really are lazy and a true crap starter Halle!

611 days ago
84.

pancake    

Aubry should take some tips from k-fed: get a shark lawyer and a hulk bodyguard to do the child exchanged.

611 days ago
85.

momofmany    

2 ACTORS sides of a story against a MODEL. I'm sure he stood no chance. I bet Halle had crocodile tears and everything. Poor guy.

611 days ago
86.

GothamGirl    

Keep spinning TMZ, it won't help. The public has reached it's own conclusion based on the history and the photographs. It's not like you to be so one sided, but I guess Halle has more money than Gabe.

611 days ago
87.

AgentF    

L.A. cops drink the same Kool-Aid as studio PR teams. Sure, let him off but cover your sorry asses. If it went to trial, Berry's camera evidence from the stalker case would have incriminated her. Shaft.

611 days ago
88.

Sunset    

Biased TMZ is not reporting what ROL did which is that Gabriel is going to file a police report if he hasn't already against Martinez and wants charges pressed against him for the beating. Also Gabriel is requesting that Oliver not be allowed around Nahla and is asking for that protective order. I don't know when that will be heard. If TMZ were not so biased they would find out. I hope they file charges against Oliver and arrest him and that he is not allowed near Nahla since he is so violent he shouldn't be near a child. That would really piss off Halle. Go Gabriel!

611 days ago
89.

Sherry    

It's amazing how so any of you are still go on BA ing Hallie lik you know her ears ally or something. It's her fault becuase they're trying to "keep him away" fom his child. Right......so even after te police prove that Gabriel is a douche you now say Halle is soooo crazy she drove him to it. Cause he could NEVER be as crazy. Y'all all need to STFU.

611 days ago
90.

itznarin    

RIDICULOUS.

611 days ago
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