Halle Berry's Bruised Fiancé Olivier Martinez Pumps Gas After Gabriel Aubry Brawl -- 5 New Developments

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Olivier Martinez was photographed pumping gas at a Los Angeles station on Friday night, less than 24 hours after he was involved in a bruising fight with his fiance Halle Berry's ex-lover, Gabriel Aubry.

Berry, 46, was nowhere in sight but earlier in the day, she was photographed with her four-year-old daughter with Aubry, Nahla, enjoying the Yo Gabba Gabba! LIVE! Get the Sillies Out show at the Nokia Theater in Downtown Los Angeles.

"They both seemed to be having a great time," an eyewitness said.

Judging by the appearance of French actor Martinez, pictured above, it's pretty clear who came off second best during the brutal Thanksgiving Day fight outside Berry's West Hollywood, Calif. house.

In photographs published on TMZ, Canadian model Aubry, 37, is shown with a swollen and bruised eye. He was hospitalized after also sustaining a broken rib.

Here are five other developments in the case:

1. A source told Us Weekly that it was Aubry who "initiated" the fight after dropping off his daughter to spend Thanksgiving with her mother.

After the two men exchanged words, reportedly in French, Aubry "attempted to use his size to intimidate," according to a source, who added: "He shoved Olivier, then punched him. Olivier just defended himself."

2. It's emerged Martinez made a citizen’s arrest before cops arrived at the scene. Andrew Smith, Commanding Officer of the Los Angeles Police Department’s Media Relations and Community Affairs Group, told PEOPLE that Aubry “was booked for a private persons arrest for battery” once he was released from hospital.

3. Berry is "now rolling with a security guard who is packing heat," according to TMZ. The site published photos of Berry being accompanied by an armed security guard.

4. Aubry has been booked on a misdemeanor investigation of battery charge. He is scheduled to appear in court on Dec. 13, after being bonded on $20,000.

5. A judge has issued an emergency protective order that requires Aubry to stay at least 100 yards away from Berry, Martinez and Nahla until Dec. 3.

The trio have been feuding for months with their much publicized custody battle dragging through a Los Angeles court. Earlier in Nov., a judge rejected Berry's request to move abroad, despite her argument that Paris would be a safer location for Nahla to grow up in.

Aubry and Berry split in 2010 after dating for five years.

Police continue to investigate the case, as this video, below, shows.

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  • Eli-7

    All of this is based on what info Team Halle has given the tabloid/other press. RE: Halle won't get an extension to the protective order. So what if Halle called up her on call security that she uses for events etc. They weren't anywhere around when Halle and Nahla were being barraged by the pappis or when those two stalkers wanted to killer. All of a sudden she calls them and makes a big deal having a police motorcade to a very public event because she suddenly afraid that her baby daddy is going to go ballistic. From the looks of the photos. He ain't going to be going anywhere. Rumor has it the police know Halle's bf initiated it. Hence the panic. Why get an extension when the temp one won't be over until the 3rd? Halle's going to lose this and other rounds. She better watch it or she will lose Nahla too. Halle is the flavor of the moment really worth all of this drama. Get help.

  • jj2009

    Not true as of yet...LAPD is still in the process of reviewing the security tapes to who started the fight. Nothing has been proven except Halle's nuttiness. You forgot to mention Halle's Frog Prince was seen at Gil Turner's 7:30/8 AM Friday buying booze talking drunkly to the pappis see X17. Rumored he was drunk when he pummeled Aubry. Also, Martinez's Miami Restaurant was found in violation of 13 Critical food violations and 7 non-criticlal violations.

  • Jake

    Shame of Aubrey for starting a fight in front of his kid. Funny thing is pretty boy Aubrey got his butt whipped by this guy. May be Aubrey will get sentenced this time for trying to beat people up.

  • Denis_ken

    Every kind of custody is only workable if the parties refrain from putting their own ego first & the child's after, whether you're rich or poor