TMZ reports that according to the police report, after interviewing Gabriel, Olivier Martinez and Halle, the investigating officer concluded, “Suspect [Aubry] arrived at victim’s [Martinez] 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 [Berry] notified police.”
TMZ also notes that it is unlikely that criminal charges will be filed against Aubry.