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Halle Berry’s busted ex-boyfriend Gabriel Aubry: I’m the victim in fight with Olivier Martinez

Published: November 27, 2012 | 6:42 am
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nov 26, 2012
Berry’s estranged baby daddy sent his lawyer to court Monday for a restraining order against Berry’s fiancé Olivier Martinez, who he claims punched him out and sent him to the hospital.


The photos of Gabriel Aubry’s black eyes and bloodstained face were included in a restraining order the model filed against Olivier Martinez at Los Angeles Superior Court.

Gabriel Aubry claims the Thanksgiving throw-down at Halle Berry’s house that ended with his arrest was a set-up.

The baby daddy of Berry’s 4-year-old daughter won an emergency restraining order against Berry’s fiancé Olivier Martinez Monday by claiming Martinez attacked him without provocation after threatening him the previous day.

He said Martinez approached him in Berry’s driveway following a Thursday morning drop-off and demanded, “We need to talk.”

After he closed his car door to have the conversation, Martinez “jumped” him, unleashed a barrage of punches, kicked him in the ribs and “slammed” his head on the concrete, Aubry said in a sworn statement to the court.

“You cost us 3 million dollars,” Martinez allegedly said, according to Aubry’s filing.

The money reference purportedly related to Berry’s failed courthouse bid to move to France with Nahla and Martinez. A judge rejected the proposal after an expensive 19-day civil trial that ended in September.

“When you see the judge, you’re going to tell him you’re going to Paris or I’m going to kill you. You’re going to Paris, you’re going to get your $20 grand a month in child support,” Martinez allegedly threatened. “I’m not just some f—ing actor. You don’t know me.”

At some point Martinez allegedly told Aubry that cops were on their way.

“You’re going to tell them that you’re the one who attacked me, or I’m going to kill you,” Martinez allegedly said, according to Aubry.

Police responded to the melee after Berry called 911 claiming someone was assaulting her boyfriend, a police source told the Daily News Thursday.

Police said Martinez placed Aubry under a citizen’s arrest. He was escorted to a hospital and later booked on suspicion of misdemeanor battery, authorities said.

Aubry said he told officers to check the security camera footage after Martinez claimed it was Aubry who attacked him.

“Apparently the cameras were repositioned so it’s not on tape,” a source told The News Monday. “That’s a sign that someone’s innocent. He was begging to get the tape.”

Aubry said he suffered a fractured rib, nasty bruises and multiple cuts that required stiches. He included gruesome photos in his filing that showed his right eye swollen shut with deep purple bruising and his left eye with a deep cut underneath.

He said the beef started a day earlier when Berry and Martinez showed up unannounced at Nahla’s school during his custodial time, and Martinez allegedly threatened him.

“I wish I could beat the s—t out of you right now. You’re lucky we’re in school right now,” Martinez allegedly said, according to Aubry’s filing.

He said Nahla later expressed fear at the site of Martinez when he dropped her off Thanksgiving morning.

“Olivier is here. I’m scared,” the young girl allegedly said, according to Aubry.

Aubry and Berry have been locked in a custody dispute since their split in 2010. It escalated with Berry’s recent effort to move to Paris.

The judge ultimately said Nahla would have to stay with Aubry in the U.S. if Berry moved overseas.

The battle racked up massive legal fees, reportedly in the millions of dollars.


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