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Mr. Aubry, 37, was arrested on suspicion of misdemeanor battery after his confrontation with Mr. Martinez on Thursday, but he stated in the civil court filings that he was not the aggressor and that he was threatened and attacked without provocation. Mr. Martinez told police that Mr. Aubry attacked first, the filings state.
A representative for Mr. Martinez could not be immediately reached for comment.
Mr. Aubry’s filing claims Mr. Martinez threatened him the day before the fight at an event at his daughter’s school. Mr. Aubry, a model, has a 4-year-old daughter with Miss Berry and the former couple have been engaged in a lengthy custody battle.
The proceedings have been confidential, but Mr. Aubry states a major aspect of the case was Miss Berry’s wish to move to Paris and take her daughter with her. The request was denied Nov. 9, Miss Berry’s court filings state, and Mr. Aubry shares joint custody of the young girl.
Mr. Aubry claims Mr. Martinez told him, “You cost us $3 million,” while he was punched and kicked in the driveway of Miss Berry’s home. Mr. Aubry had gone to the home to allow his daughter to spend Thanksgiving with her mother, the filings state. Mr. Aubry claims Mr. Martinez threatened to kill him if Mr. Aubry didn’t move to Paris.
Miss Berry was not in the driveway during the confrontation and neither was their daughter, the documents state.
Photos of Mr. Aubry’s face with cuts and a black eye were included in his court filing.
A judge set a hearing for Dec. 17 to consider whether a three-year restraining order should be granted. Mr. Aubry has a Dec. 13 court date for the possible battery case, which has not yet been filed by prosecutors.
Three ‘Evita’ leads to leave show in January
The “Big Three” in the Broadway musical “Evita” — Ricky Martin, Elena Roger and Michael Cerveris — will leave the show together after the Jan. 26 performance.
Producers of the Tony Award-nominated revival of Tim Rice and Andrew Lloyd Webber’s landmark musical said Monday night the show will continue its open-ended run, and new stars will be announced at a later date.
The revival opened March 12 at Broadway’s Marquis Theatre, directed by Michael Grandage and choreographed by Rob Ashford. It has broken the theater’s box office record seven times, but now faces a tough time filling its three main roles.
The musical tells the story of Argentina’s Eva Peron, who rose from the slums to the presidential mansion. Miss Roger plays Eva, Mr. Cerveris her husband and Mr. Martin is Che.
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