Gabriel Aubry has reportedly been labeled the instigator in his brawl with Olivier Martinez on Halle Berry’s driveway on Thanksgiving Day.
Detectives say that Aubry committed two batteries on the French actor before he was able to defend himself, according to TMZ‘s sources.
After interviews with principals and witnesses, detectives concluded Aubry pushed Martinez and then swung at his face but hit his shoulder instead.
Martinez responded in self defense with three quick punches at the Canadian model.
Law-enforcement sources say they are “concerned” about Aubry’s “ongoing anger issues.”
“It seems he’s still having a hard time getting over his break up with Halle,” a source explained to the Web site.
Berry and Martinez have both told detectives and prosecutors they do not want Aubry charged with a crime out of consideration for Berry’s daughter Nahla.
The case will reportedly be set for an informal hearing at the city attorney’s office. Aubry could likely agree to take anger management classes. A hearing officer could also decide to just drop the entire case.