Gabriel Aubry to Blame for Olivier Martinez Fight, Police Determine

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He may not face any criminal charges for the Olivier Martinez fight, but Gabriel Aubry was the culprit responsible for these fisticuffs.

That's what the police believe, as TMZ has obtained the official report filed not long after authorities responded to this brawl on Halle Berry's property last Thursday morning.

It lists Aubry as the "suspect" and Martinez as the "victim."

Gabriel Aubry Fight Photo

"Suspect arrived at victim's residence for child custody exchange," according to the document. "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."

Ouch. So Aubry started the fight AND got the worst of the fight? That hurts, figuratively and literally.

Aubry did not say anything to cops at the scene about the death threats he later alleged came from Martinez.

Moreover, law enforcement officials confirm that the French actor was "[defending] himself" from Gabriel's initial attack. Still, Aubry is unlikely to be prosecuted for his actions.

But the custody battle over poor little Nahla rages on. Berry and Martinez are expected to seek a permanent restraining order against Aubry, who was legally denied access to his daughter earlier in the week.

We'd ask again on whose side you fall - Team Aubry or Team Martinez - but this report pretty much puts that debate to rest, doesn't it?

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If i was olivier i would beat gabriel too. He only has a nice face. He use to treat berry bad. He needs anger management classes. A real man would not be asking a woman for money to surport his own child, rich or not. He is a gold digger. Lets be real ppl, if someone and you got into an aguement and hits u, u will take dem down. Gabriel thought he would of gotten money.

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i think that there might be an altercation between halle Berry and her former fiance. Olivier never seems to look happy with halle berry and it might be a warning to Olivier to back off from their relationship as father and mother.
Olivier is not the father of the child, only stepfather if they get married. If Gabriel is violent then he needs therapy, halle berry as well.
There should be no violence in this family if there are no issues, but there seems to be alot of issues surrounding everyones happiness and health.
Is halle berry in this relationship for everyones highest good or for her self.
I cant believe halle berry in this story as all.
Cheers for gabriel for working out his differences with Olivier but without violence.
It seems to be around Halle berry and her former fiance, not Olivier Martinez!!!

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it´s only a fool that goes to someone´s house and start a fight. what does Hally got to do with Aubry begenning the fighting? just shut-up all your women haters. and talk about the 2 men that fought. shame on the fight that cannot settle thier issues like adults

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Halle had motive & the pictures don't support her b*llsh*t story. And while I think the officers involved should be fired for incompetence, I'd settle for having those same officers take the report after Olivier Martinez defends himself against her.

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Poor kid.. I'd be happy to know what Berry's opinion is on that matter..

Peaches22

Poor child. shame on Halle and Oliver. Sounds too much like a set up what was already tension between all 3 of them. The child witnessed her mothers bf ( one of many) beat on her father .... Shame shame shame on Halle. She needs some psychological help.

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This is an ugly story and there are no winners here. IMO this story doesnt wash if you look at the pictures.

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I was separated and had a friend. He never never was seen by my ex when he picked up our child. this is halle's fault. Did she forget when her boyfriend busted her ear drum? Karma this is the father of your child. Where is your heart?

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It doesn't surprise me the arresting police officers made this determination. Cops make up false reports all the time depending on there very own interpretation of events. I know this from my own experience with the police. I have been often blamed for stuff unwarranted by police and later found innocent of by the courts. Halle and Harvey Levine of "TMZ" are neighbors and probably friends. The cops know who Halle is so they siding with her. I'm not buying it because Gabriel had no reason to start a fight, He won his court case against the f_ckinjg cunt. He was merely dropping of his daughter so Halle could be with her on Thanksgiving. Halle is a liar and what goes around come around sweetheart. Fate will take care of you and that violent SOB your sleeping with. Maybe he will kill you.? One can ONLY hope.

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The only thing that I have to despute is the fact Martinez presence during parental exchange of the child. Question: How many didn't live with their fiance before they got married? So technically speaking Martinez had every right to be there just as much as anyone else, plus once Martinez and Berry marry. Martinez will more than likely adopt Nahla as his stepdaughter. And that is fact!!

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@ SarahWho

Gabriel Aubrey would have to relinquish all parental rights in order for anyone to adopt her. I don't see that happening. This will continue to be problem until long past Nahlia being grown. Halle appears to be a spoiled control freak and based on her dating/marriage history, Martinez won't be around that long. Martinez should at least make himself scarce when an exchange of Nahlia is happening. Nahlia is the one that is being hurt emotionally by all this nonsense.

Gabriel Aubry Biography

Gabriel Aubry Nude Gabriel Aubry was the longtime boyfriend of Halle Berry. He's still the father of her daughter, Nahla, of course, who was born at 10:17... More »
Born
Birthplace
Montreal, Canada
Full Name
Gabriel Aubry

Gabriel Aubry Quotes

We have no plans for marriage. We are more married than ever, really.

Gabriel Aubry

I mean, look at her - she is unbelievable! She is the best mom that anybody could ask for -- or wish for!

Gabriel Aubry [on Halle Berry]