Gabriel Aubry is probably feeling pretty good about himself today. Sure, he still can't open his right eye after an epic beat-down at the hands of Olivier Martinez, but at least he isn't getting charged for the fight!

This is all a little confusing. Looking at both men post-fight, you'd probably assume Martinez was the aggressor and that he should be the one that police investigate. Well, you'd definitely think that. But it turns out the French actor made a citizen's arrest against Gabriel at Halle Berry's home after the supermodel starting getting aggressive. At which point Martinez beat the living daylights out of Aubry, we're still not really sure.

But anyway, law enforcement sources tell that the case will be sent to the L.A. City Attorney's Office on Thursday (November 29, 2012), but that cops will not make a recommendation as to whether Aubry should be prosecuted. The consensus appears to be that the fight was "mutual combat" - which sounds like an early 1990s Nintendo game - and that charges will be "highly unlikely." 

Aubry was not as lucky on the restraining order front. He asked a judge to lift the order prohibiting him from going near daughter Nahla, though was shot down. It expires tomorrow, though Halle is likely to go back into court and request a new one.