Gabriel Aubry seems to have escaped a criminal rap after his ugly Thanksgiving day brawl with ex Halle Berry’s current boyfriend Olivier Martinez, it has been revealed.

According to TMZ, law enforcement connected to the case say it is “highly unlikely” that the model will be criminally charged for the brutal fight and that the bloody beat down will be considered “mutual combat”, the New York Post reported.

The case is due to be sent to the Los Angeles City Attorney’s Office on Thursday. However police will not make a recommendation on whether Aubry should be prosecuted.