Gabriel Aubry Says Halle Berry’s Fiancé Threatened To Kill Him [Details]

Rucuss staffNovember 27, 2012

Gabriel Aubrey claims he needs the restraining order not Halle Berry’s fiance Oliver Martinez.

Berry’s ex-boyfriend and the father of her daughter, Nahla, got into a physical fight with Martinez after Aubrey dropped his daughter off on Thanksgiving. A judge issued an emergency protective order on Berry’s behalf that barred the model from coming 100 yards of the actress, Martinez and his daughter. He was arrested for misdemeanor battery on Thursday.

Berry’s camp claims that Aubry initiated the fight in her driveway where he swung at Martinez first. Martinez allegedly walked up to Aubrey in the driveway and said, “We have to move on.” Aubry apparently didn’t like the statement and alleged pushed Martinez and threw a punch that landed on his shoulder. A fist fight ensued before police arrived.

Aubry paints a different picture. The 37-year old claims he is the one in need of a restraining order because Martinez threatened to kill him the day before. Aubry said in court papers that led to a new restraining order against Martinez. The restraining order forbids Martinez from going within 100 yards of Aubry, his home, his workplace or his daughter’s school until a court hearing on Dec. 17.

TMZ reports:

According to Gabriel’s declaration, filed by his lawyer Shawn Holley, the day before Thanksgiving, Gabriel took Nahla to her school play. Halle and Olivier showed up and Olivier walked up to Gabriel and whispered in his ear in French, “I wish I could beat the s**t out of you right now. You’re lucky we’re in a school right now. We’re going to take Nahla right now and  you’re not going to follow us.”

The next day, Gabriel says he took Nahla to Halle’s at around 10 AM. He says in a completely unusual move, Olivier came out of the front door — usually the nanny was the go-between. Gabriel claims Olivier said, “We need to talk.” Gabriel says he walked toward his car to close his door when Olivier jumped off the stairs and knocked Gabriel to the ground and started brutally beating him, screaming that Gabriel cost them $3 million to fight the custody war (Halle’s failed move to take Nahla to Paris).

Gabriel says Olivier took his head in his hand and slammed it on the concrete  driveway. Olivier assaulted Gabriel he screamed that they were going to move to Paris and Gabriel had better move there too or Olivier would kill him.

Gabriel claims Olivier then said, “We called the cops,” and that when they show up, “you’re going to tell them that you’re the one who attacked me, or I’m going to kill you.”

Police told TMZ that Aubrey never mentioned any alleged threats when he spoke to them after the fight. Berry and Aubrey have a 50/50 custody arrangement of Nahla. Berry also pays Aubry $20,000 a month in child support.

According to a feature on Olivier Martinez in Ocean Drive Magazine last month, the actor came from a family of professional boxers. He was taught to fight by his father who was a boxing champ in Paris. He also bragged about having a mean left hook while telling the magazine that he would have become a boxer if it wasn’t for his acting career.

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