Gabriel Aubry might have come off worse in his fight against Olivier Martinez and he might be claiming that he was the victim in the brawl but the police report pertaining to the incident suggests otherwise. TMZ have obtained a copy of the report and frankly, it doesn’t look good for Aubry and we’re not sure if he’ll be able to overturn the report. Luckily for him, though, the cops have decided against pressing charges, so he can walk away scot-free. Well, apart from his bust-up face, which is looking pretty nasty.

The report in question reads “Suspect [Gabriel] arrived at victim's [Olivier] residence for child custody exchange. 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.”

Not looking good for Gabriel’s rep, really, even if he won’t find himself on the receiving end of a criminal charge. However, it’s looking increasingly unlikely that Halle Berry (Gabriel’s ex, Olivier’s fiancée) will be able to reach any kind of amicable agreement regarding the custody of their daughter Nahla. They’ve already been through one court trial and this isn’t the first time that Gabriel’s temper has been an issue.