Detectives in unmarked police cars showed up at Halle Berry’s mansion in Beverly Hills Monday to interview the Oscar winning actress and her fiance, Olivier Martinez, in wake of the French actor’s brutal fight with Berry’s ex-boyfriend, Canadian model Gabriel Aubry.
As RadarOnline.com previously reported, Aubry was savagely beaten by Martinez on Thanksgiving morning when he dropped off his child, 4-year-old Nahla, to her mother, Berry.
Aubry is expected in court in downtown Los Angeles on Tuesday morning to ask a judge to lift an order prohibiting him from seeing his daughter in wake of the brawl.
In a sworn declaration, Aubry claims that he was not the aggressor, but rather Martinez attacked him and even threatened to kill him. As RadarOnline.com previously reported, the declaration also shows that Aubry repeatedly asked authorities to secure security footage before it was destroyed.
RadarOnline.com was first to report on the existence of the footage, which was captured on Berry's security cameras at her property, and Aubry references it in his application for a restraining order against Martinez, which was granted on Monday.
DOCUMENTS: Gabriel Aubry Files For A Temporary Restraining Order Against Olivier Martinez
"I told the officers that Martinez was the one who attacked me, and repeatedly told them to get the security tapes from Ms. Berry's security cameras before she and Mr. Martinez deleted them," Aubry writes in his sworn declaration.
Also included in the TRO application are shocking photos showing Aubry's battered and bloody face, and his allegation that despite him being the one arrested, it was actually Martinez who started the altercation.
According to the sworn declaration within his TRO application, Gabriel took his daughter Nahla to her school play the day before Thanksgiving. Halle and Olivier also went and Aubry alleges that Olivier walked up to him and whispered in French in his ear: "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 following day – on Thanksgiving -- Gabriel arrived at Halle’s home with Nahla around 10 a.m. Gabriel states in his declaration that contrary to their usual arrangement, Olivier was the first to come out of the door – stating that normally he is met by a nanny. Gabriel then claims in his TRO application that Olivier said: "We need to talk."
Gabriel goes on to allege that he turned his back on Olivier and walked towards his car. Gabriel then claims in the court documents that Olivier jumped off the stairs and knocked him to the ground before brutally beating him. Gabriel also claims in his sworn declaration that Olivier screamed that he has cost them $3 million in their custody battle.
Gabriel then claims in the court documents that Olivier took his head in his hands and slammed it on the concrete driveway and screamed that the family was going to move to Paris and Gabriel should follow too or Olivier would kill him. ( Last month, a judge sided with Aubry and ruled that Berry could not move to Paris with Nahla, thus denying him access to his daughter.)
Then, Gabriel claims in his sworn declaration, Olivier said, "We called the cops," and when they arrive, "you’re going to tell them that you’re the one who attacked me, or I’m going to kill you."