He won’t face any criminal charges for fighting Olivier Martinez, but Gabriel Aubry was the instigator, according to an official police report filed soon after authorities responded to the brawl on Halle Berry’s property the morning of Thanksgiving.
The report, obtained by TMZ.com, lists Aubry as the “suspect” and Martinez as the “victim.”
“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.”