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."
"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.