GABRIEL AUBRY has asked cops for the security camera footage before it is wiped following his brawl with HALLE BERRY’s current love OLIVER MARTINEZ.
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.
"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," the Canadian born model 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,RadarOnline.com reported.
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, 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 – 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 raged that the family was going to move to Paris and Gabriel should follow too or Olivier would kill him.
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."