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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Halle should be careful not to make Olivier angry or he might suffer the same fate her ex .He is a violent man with no restraint capable of beating up the father of his future step daughter.how he will explain that to Nahla once she understand anything and Halle too.

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sounds so fishy .it Gabriel against the nanny,Halle and Olivier.no camera at her door only facing the gate.whos telling the truth.Gabriel already won the court decided on his favor on the other hand the one whos angry and bitter are Halle and Olivier.why Olivier was present during the drop of of Nahla.he had no business to be there.

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according to who? Halle whos not a reliable witness and the nanny whos under her payroll.Olivier had no business to be around during the drop of of Nahla.why he was there?who had the motive to instigate a confrontations of course its Halle and Olivier

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oh yeah, and a total beat down by a lifelong boxer that looks more like attempted murder than self-defense.

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olivier breaks the normal handoff routine. no video footage because the cameras were "moved" (when they were just fine in obtaining ample footage of the stalker months earlier). inconsistent stories from the "witnesses". and the timing...so close to halle berry and olivier getting shut down on their move request. and before that, the aggressive nanny talking smack to gabriel. wow. how much does a judge need before he starts putting some serious limits on team halle?

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The police reports reflect what the witnesses tell them at scene. I know this because I work in criminal law. And if people are being untruthful to the officers at scene, they make an on scene decision with what they have. It's also in the report that Aubry requested the officers to view the surveillance cameras immediately which would prove that Olivier was the aggressor. This was not done since the Olivier claimed Aubry started it and had the housekeeper corroborate it by saying that Aubry pushed and shoved him first. But notice that Olivier stated that Aubry swung at him first and missed. But the housekeeper said he just pushed Olivier. Sounds like an inconsistent statement.

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This isn't about the gorgeous Halle Berry but about love interrupted and letting go. Love can cut you like a knife and everyone must think before they act out. It's not worth having your face mutilated when you depend on your good looks for a living. I'm sure months from now Aubry will realize it was easier to simply let them move on and look to his own future and having babies with someone else.

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@ Frenchie

I think it was Gabriel that broke it off with Halle because his eyes began to wander. He ended it before he could be accused of cheating. He seems to keep a low profile until this happened. I think he was set up so she could take that little girl to France like she had wanted.

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@ Frenchie

i don't believe the jealous aubry routine for one minute.

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@ Frenchie

It doesn't have anything to do with Halle Berry anymore...he has moved on! It has to do with his daughter, whom he loves very much and they are trying to take away! Is he supposed to just walk away from his daughter?!

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@ Katifoo

i totally agree! it's pretty clear that aubry and his daughter love each other very much. this probably infuriates the petty berry. trying to take aubry's daughter away from him is tantamount to going for his jugular. when is the judge going to put into place some requirements for berry to start respecting aubry's relationship with his daughter?

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SET UP

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Martinez was a boxer. 3 quick punches in succession is nothing new to him. Aubry didn't understand who he was attempting to hit.

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Yeah, because Halle wouldn't lie to protect her fiance, right? This is a joke. The other guy has no injuries except on his hand, and this guy has a mangled up face. If someone took a swing at me, I think one punch would be sufficient to get him away from me to call the police. This guys face is beaten in. There's no way it was in self-defense.

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@ Samantha

One punch from you may be all that is needed for you to fell safe, for me I would have to choke someone out, the next person may be old or small female and they my have a pitsol to defenfed themselfs. Every incident must be a case by case matter of when they fell safe. GOD BLESS

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]