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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this is none of our business.. we dont now what is really going on and we have no right to judge anyone. i would think however that gabriel would put his daughters feelings aside and wait til she was at least in the house before starting anything... everyone involved is at fault here... all the adults have their wits about them but no one cares that this little girl is seeing what is going on. all adults here better check themselves and start living right because the only one suffering here is that little girl.
and oliver has no say in any matter because he has no rights to anything. he should step back and let halle deal with this . if she is scared to have contact with gabriel it would be good to request a social worker be present at the custodial handovers...
seems to me everyone here is selfish....

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That is complete BS.. It is obvious Gabriel was ambushed. No injuries to Oliver, just his hand and nice going guys having the cameras turned so it would not be captured on film. Oliver should be arrested and nice knowing the LAPD have taken halle, oliver and their babysitters word, is that really fair? I hope to God, Gabriel gets full custody of his little girl. Oliver is a real danger. He is spoiled, arrogant, and clearly does not care about Nahla's feelings toward her father.

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@ mike cohen

Mike...dude, I agree!!!!! Gabriel was ambushed. Olivier has a long-ass history of violence against SEVERAL women. Halle knows this and chooses to completely ignore it. And, some of these women have even tried to warn Halle all about Olivier's very violent history but Halle refuses to listen to reason. The Bottom Line: Olivier and Halle are 2 very emotionally volatile people (especially Olivier) who are just using each other. And, Gabriel and Nahla (aka father and daughter) are the ones that I truly feel sorry for. Very sad.