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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
91.

Bitch please    

L.A. cops= most currupt pigs. Hallehoe must be suking the L.A. Sheriff dick, Leutenants dick and all the cops ***** that have been at her house through the years. Nasty skank.

701 days ago
92.

Marie    

TMZ!!!! MAYBE YOU SHOULD FIND OUT HOW MUCH HALLE PAID THE DETECTIVES?

701 days ago
93.

soberandsmober    

No way. I smell celebrity police justice.

701 days ago
94.

Bitch please    

WOW TMZ u let me say dick but not d i c k s. WTF is up with that.

701 days ago
95.

skankpig    

I grew up next to Gariel in Canada. He is a gentleman in every sense of the word. NO WAY would he start a fight with this loser. He is A)WAY too classy and B) knows this ahole is a trained fighter.
Halle set him up, the whole world knows it, and I hope I se her in the streets of Canada. I'll make her look worse than Gabe the babe. (That's what we called Him;)

701 days ago
96.

soberandsmober    

If he was knocked unconscious, how could he report anything clearly for at least 48 hours Corrupt cops.

701 days ago
97.

AgentF    

If this isn't the cops giving Berry an unfair advantage for her court appearance tomorrow, I don't know what is.

701 days ago
98.

eivissa    

you can tell by the lack of.....
~
you happy now Halle???
~
you got every one banned that stuck up for gabriel
~
Cya b*tch

701 days ago
99.

dummy    

Halle-you filthy pig. I hope someone busts your other eardrum you pig. Go in a hole and die LOSER!

701 days ago
100.

stmmab    

another day another story...she's crazy...oliver's the one with the boxing backround...i think the fact that he fights for his daughter so much up against more money and fame shows how much he loves/wants his daughter!

701 days ago
101.

Star    

Let's hope the family court judge has a different view on the safety of Nahla and the step to be douche interfering and arguing with Gabriel when he was doing them a favor by letting them have her on HIS custody day.

701 days ago
102.

LISA    

Police reports are just that .. REPORTS. You write down what people tell you. They are rarely accurate. Nothing has changed - police don't want to charge him and we are still waiting to see if the DA agrees.

701 days ago
103.

Star    

Oliver needs to marry an A list star who will put Halle in her place and match her money. I want to see Zoe Saldana bitch slap Halle and have the police on her side and let Halle be on the other side.

701 days ago
104.

Who is the parent    

I hope the judge has more intelligence than the LAPD

701 days ago
105.

LiLo's boy toy    

I think Halle Barry is a bit of a tramp and for sure an air head. Always drama.

701 days ago
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