Atlanta 11/28/2012 2:32:08 AM
News / Entertainment

Gabriel Aubry Blames Brawl On Olivier Martinez, Claims Actor Made Death Threats

Gabriel Aubry apparently lost his Thanksgiving Day fight with Olivier Martinez, but the French-Canadian model is determined to take Martinez down one way or another. In new court papers, Aubry alleges that it was Martinez who initiated the brawl that sent both of them to a local hospital with bruises and other injuries. While Martinez was not arrested in the incident, Aubry was taken into police custody for suspicion of misdemeanor battery.

The brawl occurred Thursday at the Los Angeles home of Halle Berry, Aubry’s ex-girlfriend and Martinez’s fiancé. Aubry and Berry have a daughter together, 4-year-old Nahla. Aubry claims he had just dropped Nahla when Martinez angrily approached him about a judge recently denying Berry’s request to move Nahla to France.

Martinez allegedly threw the first punch after demanding to talk to Aubry.  "All of a sudden, Mr. Martinez jumped me on the side of my body, and punched me such that he had taken me down to the ground," claims Aubry. "He continued to punch me at least two or three times, kicked me in the ribs with his knee or foot, and took my head in his hands and slammed it to the concrete driveway. It all happened so fast and so suddenly; I did not see Mr. Martinez's actions coming, and thus, I was not ready for it and was not able to defend myself."

Aubry says Martinez threatened to kill him. "You cost us $3 million. When you see the judge, you're going to tell him you're going to Paris or I'm going to kill you,” Martinez allegedly said.

"I ended up suffering a fractured rib, multiple bruises on my face and my forehead, an area under my left eye, and three areas in my mouth required stitches,” says Aubry.

Both Aubry and Martinez surfaced in L.A. on Saturday sporting bruises. Aubry had a black eye and Martinez had a swollen hand.

Aubry says his claims can be proved with security cameras on Berry’s property. Meanwhile, Martinez claimed it was Aubry who started the fight. TMZ reports the model threw the first punch after Martinez approached him in the driveway and said, “We have to move on.” Martinez apparently deflected the punch, but Aubry shoved him to the ground. Martinez reportedly punched Aubry in the face and subdued him after a brief struggle. He made a citizen’s arrest before police arrived at the scene and took Aubry into custody. A judge granted Berry, Martinez and Nahla a temporary restraining order that requires Aubry to stay at least 100 yards away from them.

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