According to sources, detectives believe Aubry committed two batteries on Olivier Martinez before Berry's current beau began to defend himself. Battery is unlawful physical contact, as opposed to assault, which is committed when a person intentionally puts another in fear of receiving serious bodily injury or harm.
As was first reported, when Aubry dropped Nahla off at Berry's house, Martinez walked up to him, saying "We have to talk." According to the investigators, Aubry then pushed Olivier (battery No. 1) and then swung at him, making contact with his shoulder (battery No. 2).
Aubry apparently forgot that Martinez's father was a professional boxer; Martinez responded -- in self defense -- with three quick punches to Aubry's face, resulting in the bruising and black eye seen earlier.
In addition, sources said that they are concerned about what they called Aubry's anger issues. One source said, "It seems he's still having a hard time getting over his break up with Halle."
However, it appears that Aubry won't be charged: Berry and Martinez have both told investigators and prosecutors they do not want him charged as they fell it would not be in the best interests of Nahla.
The overall result: it is likely that Aubry will be asked to take anger management classes, and that he will agree. It is also possible that authorities will drop the entire case, after hearing both sides.