Police Say Gabriel Aubry Instigated The Fight With Halle Berry’s Fiancé, Olivier Martinez


As many of you know by now, Thanksgiving Day was full of a lot of a lotta jive-ass turkeys over at Halle Berry’s place. Two grown men (Halle’s ex and babydaddy, Gabriel Aubry and her fiancé Olivier Martinez) got into a fist fight (Olivier won) and now restraining orders are being thrown around like cray. First Halle got an emergency order of protection against Gabe (barring him from coming near everyone, including their daughter Nahla), then Gabriel (the only person arrested in the incident) got a restraining order against Olivier. We’ve all been debating about how the fight might have started and what, exactly, might have gone down. But now police are saying that Gabriel Aubry actually instigated the fight with Olivier, which landed him in the hospital, and then in jail. Click inside to learn more.

TMZ has the report:

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.

So– according to this report– PITNBR Ella was right to suggest that Gabe might have started the fight, but just didn’t land any punches on Olivier (a trained fighter). And as far as Gabe’s recent statements about death threats, from Olivier, I can see how he might not have wanted to say anything about anything until he spoke with his lawyer, but I just can’t say for sure.

Does this new information change your thoughts about the fight? I think, for many of us, it’s hard to get those images of Gabriel out of our heads… but so many different scenarios are possible. Maybe Gabe is the victim here, maybe he was the aggressor; and maybe he’s both. Ultimately, he is an adult (as are Olivier and Halle), and we can only hope that for Nahla, the child in this situation, justice is served.

[Source] [Photo Credit: X17; Splash News]

  • Krissy

    I don’t think that a missed punch warrants what was done to Gaberiel’s face (if he just hit him back once, I would understand). Also, I find it hard to believe that the police could conclusively decide who instigated the fight when there is no evidence what so ever to support the idea that Gabe threw the first punch. Seems like speculation to me.

  • rtms

    Instigated, yes, provoked most likely. Not only that but given the extent of Gabriel’s damage he very well could have had a concussion when talking to the police afterwards.

    • @rtms — I think people are overestimating Gabe’s injuries. He got a black eye and some scrapes. He looks much better already, and it’s only been a few days.

    • Joan

      Wasn’t there a mention of broken ribs somewhere?

    • Ella

      Thank you Trent! It looks bad but it’s seriously just a black eye and some scrapes. People are acting like Olivier beat him to a pulp..

  • Nathan

    The pictures may be horrible and violence is never the answer, but I do not have sympathy for people who talk trash and can’t handle the consequences.

  • Joan

    “Olivier and Gabriel each claimed they said nothing to incite the other, but the report concludes both were smack talking.”

    Well, there we go! I thought it was obvious that there was a big chunk of information missing from the initial report because I just couldn’t imagine things randomly escalating that fast without any instigation from BOTH parts. We’ll never know what was truly said and done ’cause both sides are just looking out from themselves.

  • Akili

    I’m sorry, the only person I feel sorry for in this situation is Nahala. I have found Halle Berry’s behavior to be deplorable ever since she and Gabriel ended their relationship. Despite her personal feelings towards him, he is Nahala’s father. Period.

    None of the allegations Halle has thrown at him (roughing up the Nanny, being violent in front of Nahala, etc.) have ever been substantiated and I feel like she’s pulled one shenanigan after another.

    I don’t know what happened in this specific instance, but Halle trying to move the little girl to France and constantly pointing a finger at Gabriel has really left a bad taste in my mouth towards her. I hate that either man felt the need to resort to violence during a custody drop-off and I hope everyone involved can GROW UP for Nahala’s sake.

  • Brandyjk

    Well, I know I lean team Gabriel (and I know Shannon wrote this one this time – I’m paying better attention!) but, there is no doubt that both of the guys did stupid crap. I mean, honestly. But, I guess I feel bad for Gabriel because I think they (Halle & Olivier) are trying to take his kid away from him without good reason. I just read that Gabriel was a foster kid so I think he just wants to be part of his kid’s life! Other hollywood moms make the spotlight and having kids work (Julia!) and get along with exes (Reese!). Halle needs to call up Julia and Reese and make. it. work. (love you Tim Gunn)

  • Tru

    I don’t believe it because there was no video camera or other witness they took the word of 2 actors who were against Gabriel

  • Ella

    Yeah..Olivier needs to remove himself from the situation. It’s not exactly fair that whatever words were exchanged led to Gabe throwing a punch and losing the right to even see Nahla. Could this be an example of Gabe’s alleged hot head? Dunno, but Olivier is kind of a sh*t for talking any sort of smack to Gabe.