A Hollywood division watch commander for the LAPD tells Us “the investigation is ongoing” and says “the cause of the fight between the two men is unknown.” However, law enforcement sources tell TMZ the fight began when Aubry showed up with his daughter, Nahla, 4, for a custodial handoff to Berry. After Martinez (the Academy Award winner’s fiance) reportedly told the model, “We have to move on,” Aubry pushed the actor and threw a punch at him.
The two continued to struggle until Martinez managed to pin Aubry to the ground, according to TMZ. The site also claims Aubry sustained a broken rib, contusions on his face and a possible head injury. Martinez may have broken his hand and suffered neck injuries.
Police were called to make a citizen’s arrest for battery against Aubry, 36. The watch commander tells Us that “no one has been booked yet. One man was transported with unknown injuries to a local hospital. I do not know the extent of the injuries or if he remains in the hospital.” UPDATE: The Associated Press reports that Aubry was arrested and booked for investigation of battery, a misdemeanor charge; he was released on $20,000 bail, with a court date set for Dec. 13.
According to Radar Online, Martinez, Aubry and Berry were cordial during a pre-holiday party Nov. 21.
Earlier this month, a judge ruled that Berry, 46, will not be able to move to France full-time with Nahla. Following their April 2010 split, the exes have been engaged in a nasty custody battle.