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.

hahahey 29th-Nov-2012 05:45 pm (UTC)
why? she moved the cameras years ago, she shouldn't feel guilty that it wasn't there to capture what happened, especially considering the police think it's likely that Gabriel started the fight anyways
hahahey 29th-Nov-2012 07:37 pm (UTC)
but she did, until officers asked her to move it. its easy now for people to say why didn't she just get more cameras, etc. but assuming she didn't set this up, she probably didn't think it'd be necessary, especially since her home is gated
karinette001 29th-Nov-2012 06:51 pm (UTC)
good point
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