05:24 EST, 29 November 2012
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06:13 EST, 29 November 2012
He is wearing thick sunglasses, but nothing can hide Gabriel Aubry’s swollen face as he is seen for the first time since that Thanksgiving Day brawl with Olivier Martinez.
As police reports apparently reveal Aubry threw the first punch, the French-Canadian model was seen looking pensive as he met with attorney in LA.
It is believed the 36-year-old, who was arrested after dropping off daughter Nahla at the Los Angeles home of former partner Halle Berry when a fight erupted between the two men, will not face any charges for the scuffle.
Swollen: Gabriel Aubry seen for the first time since the brawl with Olivier Martinez, his face still looks bruised
A police report obtained by TMZ concludes Aubry took the first blow against Halle’s fiancé, although it is not believed Gabriel will face charges.
As the father-of-one left a meeting with attorney more details emerged about the fight from police interviews.
Officer Timothy Chung reportedly
concluded from his questioning: ‘Suspect [Aubry] arrived at victim’s
[Olivier] residence for child custody exchange.
Did he throw the first punch: As Aubry is seen leaving his legal meeting new details emerge about the brawl
‘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
[Berry] notified police.’
The report also concludes Martinez acted in self-defence.
‘Victim defended himself and punched the suspect,’ it reads.
‘Mutual combat’: Law enforcement sources have claimed it is ‘highly unlikely’ that Gabriel Aubry (seen on Thursday) will face a criminal prosecution for his violent Thanksgiving Day brawl with Olivier Martinez (R)
Police sources say the men traded
verbal barbs but Aubry never alerted authorities about alleged death
threats he reportedly received from Martinez prior to the incident.
Both men were battered and bruised following the vicious brawl.
But it is now said to be ‘highly unlikely’ that Aubry will face criminal charges for the fight.
Serious: A straight-faced Halle Berry carries her daughter’s pink headphones after dropping her off at school in Beverly Hills on Tuesday
Back to normal: After their disastrous Thanksgiving holiday Halle and Nahla are settling back into their routines
Law enforcement have reportedly
declared the incident ‘mutual combat’, making it almost certain that
criminal charges will not be filed.
The case is due to be sent to the Los
Angeles City Attorney’s Office on Thursday, but police will not make a
recommendation on whether he should be prosecuted.
Meanwhile, Aubry is calling for video
surveillance of Halle’s driveway to be released, which he hopes could
prove that he did not start the altercation.
Frustrated: A recent custody case saw Halle attempt to win the right to move to Paris with her daughter, but her ex argued it would affect his relationship with his daughter
Getting more legal advice: Halle and Olivier were seen arriving at their lawyer’s office together in Beverly Hills later on in the day
RadarOnline.com quotes
him as saying in a sworn statement: ‘I told the officers that
[Martinez] was the one who attacked me, and repeatedly told them to get
the security tapes from Ms. Berry’s security cameras before she and Mr.
Martinez deleted them.
‘During
the time that I resided with Ms. Berry at the Doheny residence, I
observed she had at least three cameras in the driveway, and front door
areas and two in the front gate area.’
However, the French-Canadian model
wasn’t so fortunate when it came to his bid to overturn an order banning
him from seeing the couple’s four-year-old daughter Nahla.
Brutal scenes: Gabriel Aubry shows off his injuries in a photo taken from a restraining order he filed against Martinez
The star appealed to a Los Angeles
court on Tuesday to lift an emergency protective order – which banned
him from going within 100 yards of Nahla, Halle and Martinez – issued in
the wake of his fight with the French actor.
TMZ reported
that Aubry, 36, was not granted his request to have the order ended
immediately, and instead it will now expire on Thursday.
Initially the order ran until December 3, but the judge acknowledged a clerical error meant it was only valid for two more days.
Should Halle wish to extend the order than she will have to appeal to the court by Thursday.
The
ruling came as Halle was seen looking deep in thought and shielding
herself behind her sunglasses as she dropped her daughter off at school.
She
was present for the confrontation between her fiancé and former lover,
but is believed to have rushed her daughter inside to shield her from
witnessing the brutal scenes.
Halle’s mother spoke out on Tuesday, saying she hoped ‘things calm down’.
Former nurse Judith told CelebBuzz: ‘This cannot go on, things have got to calm down.’
She added: ‘I hope that things get better, I really hope that they do; they have got to get better.’
But when asked how her daughter was she replied: ‘As far as I know Halle and Nahla are fine though.’
The fight followed a bitter custody dispute which saw Halle fail in her attempt to move to Paris with her daughter.
Before the fight: On Wednesday Gabriel Aubry had attended a Thanksgiving party alongside his ex Halle Berry and her fiancé Olivier Martinez
Both
men have claimed that they were attacked by the other.
While Aubry was
arrested and charged with battery after the confrontation he also came
off worse for wear, sporting a shockingly bruised black eye and various
injuries.
On Monday, he obtained a restraining order against Martinez, who he says should never have been involved in the handover.
According to a sworn declaration within his restraining order application, the previous night Martinez had threatened him as the three watched Nahla in her school play. Before the fight: On Wednesday Gabriel Aubry had attended a Thanksgiving party alongside his ex Halle Berry and her fiancé Olivier Martinez
Makign a statement? Olivier Martinez was seen wearing a new hand brace in Los Angeles on Tuseday
He’s not home: A police sheriff visited Aubry’s apartment block on Tuesday
Aubry alleges Martinez whispered in his ear: ‘I wish I could beat the s*** out of you right now.
‘You’re lucky we’re in a school right now. We’re going to take Nahla right now and you’re not going to follow us.’
Aubry also alleges that when he
arrived to drop off Nahla at 10am Martinez told him they needed to talk
before following him to the car where he attacked him.
He says that even before the fight things had seemed unusual.
‘I remember thinking that is was odd
for [Olivier] to be there, as he is generally not present during custody
transition,’ he said.
Strained: Gabriel and Halle appeared tense as they visited their lawyer in the afternoon
In no mood: The couple walked several metres away from one another
It has been reported that Aubry now plans to ask the judge to ban Martinez from seeing his daughter.
‘Gabe has had enough, he has now
twice been accused of criminal behavior resulting in his recent arrest
after a fight with Olivier Martinez on Thanksgiving,’ a source close to
the situation told Radaronline.