Halle Berry ex-fiancee Gabriel Aubry was clearly the instigator in his Thanksgiving Day brawl with Berry's current fiancee, Olivier Martinez, law enforcement sources told TMZ.

So much for the first guy throwing a punch having the best chance of winning.

Investigators now believe it's clear Aubry committed two batteries on Martinez before Martinez had the chance to turn Aubry's face into French toast.

Aubry went to Berry's Los Angeles house to drop off Nahla, their 4-year-old daughter. Olivier apparently walked outside and told Aubry "We have to talk."

Based on interviews with witnessed (squirrels, pigeons, a lawn elf), detectives concluded Aubry pushed Martinez and swung at his face, making contact with his shoulder.

Martinez, who has boxing experience, defended himself by punching Aubry three times in the face.

Police told TMZ they're "concerned" about what they believe are "Gabriel's ongoing anger issues."

As one law enforcement source put it, "It seems he's still having a hard time getting over his break up with Halle."

That's some seriously insightful analysis, right there.

The good news for Aubry is that Berry and Martinez have told prosecutors they don't want Aubry charged with anything, because it wouldn't be a in Nahla's best interests. Sources told TMZ the case will be set for an informal hearing at the District Attorney's office, with the likely outcome being that Aubry agrees to take anger management courses in exchange for the mater being dropped.

Contact Tony Hicks at thicks@bayareanewsgroup.com or on Facebook at www.facebook.com/BayAreaNewsGroup.TonyHicks.