Police are finally concluding what they believe happened on Thanksgiving, during the fight between Gabriel Aubry and Olivier Martinez outside Halle Berry’s house. TMZ’s sources claim it was Gabriel who started the fight, and Olivier was simply defending himself. According to TMZ, Olivier struck Gabriel in the face three times in self defense (see Gabriel’s face below!).

The verdict is in as far as cops are concerned … Gabriel Aubry was clearly the instigator of the Thanksgiving Day brawl at Halle Berry’s house

Law enforcement sources tell TMZ … detectives are now clear on what they believe happened — Gabriel committed two batteries on Olivier Martinez before Olivier lifted a finger to defend himself.

As TMZ first reported, as Gabriel deposited Nahla at Halle’s house Olivier walked out and said, “We have to talk.”

Based on interviewing the principles and witnesses, detectives have concluded Gabriel then pushed Olivier (battery #1) and swung at his face, making contact with his shoulder (battery #2).

Cops say at that point, Olivier responded in self defense with 3 quick punches to the face.

What’s more, law enforcement sources tell us they are “concerned” about what they believe are “Gabriel’s ongoing anger issues.”

As one law enforcement source put it, “It seems he’s still having a hard time getting over his break up with Halle.”

But here’s the good news for Gabriel — we’ve learned Halle and Olivier have both told detectives and prosecutors they do not want Gabriel charged with a crime because they do not believe it would be in Nahla’s best interests.

Law enforcement sources tell us the case will be set for an informal hearing at the city attorney’s office. The likely outcome is that Gabriel will agree to take anger management classes, although the hearing officer could decide to just drop the entire matter after hearing both sides.

One thing doesn’t make sense to me. Why on earth wouldn’t Halle and Olivier press charges? From what we know about the two of them, they have been desperately trying to get Nahla (Halle & Gabriel’s daughter) away from her father. If they had an excuse like this one – why wouldn’t they use it to their advantage? I’m not buying the fact that they “don’t believe it would be in Nahla’s best interests” one bit. Something seems awfully fishy to me.

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