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.
Aubry did not say anything to cops at the scene about the death threats he later alleged came from Martinez.
Moreover, law enforcement officials confirm that the French actor was "[defending] himself" from Gabriel's initial attack. Still, Aubry is unlikely to be prosecuted for his actions.
But the custody battle over poor little Nahla rages on. Berry and Martinez are expected to seek a permanent restraining order against Aubry, who was legally denied access to his daughter earlier in the week.
We'd ask again on whose side you fall - Team Aubry or Team Martinez - but this report pretty much puts that debate to rest, doesn't it?