11:56 am - 11/29/2012

Cops Believe Gabriel Aubry Was Aggressor in Olivier Martinez Thanksgiving Brawl

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.
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.

foxface 29th-Nov-2012 05:10 pm (UTC)
so basically "suspect tries to hit victim but misses. victim retaliates by beating the shit out of suspect's face." rme. they both have issues but olivier was clearly in the wrong in this case.
billiejeanrip 29th-Nov-2012 05:14 pm (UTC)
gabe should have stayed his ass in the car and waited for the nanny to come to him. I bet you he won't do that shit agian.
karinette001 29th-Nov-2012 05:16 pm (UTC)
true, but Olivier should stay out of it, look what it resulted it in!
vanishingbee 29th-Nov-2012 05:16 pm (UTC)
much more likely: handoffs will not be handled on either of their property again
foxface 29th-Nov-2012 05:29 pm (UTC)
very true
crashh_world 29th-Nov-2012 05:22 pm (UTC)
The person that is clearly in the wrong is the first person to get physical. If Olivier hadnt moved his face would have looked like Gabriels and who is to say he would have stopped then.
empirebird 29th-Nov-2012 08:48 pm (UTC)
If someone tries to punch me I am coming at them so they don't get any time to get another shot at me. That's fighting.
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