A woman in Los Angeles, California, who previously accused producer Diplo of distributing revenge porn in 2020, is again calling him out in a new police report, per Pitchfork. Responding to the new report, Diplo’s attorney fires back and accuses the woman of harassment and defamation.
According to Diplo, born Thomas Wesley Pentz, things all began in 2019 when he hooked up with a woman named Marchel “Shelly” Gabrielle Auguste. Things reportedly ended the following year, and he claimed that she wouldn’t move on accordingly.
He alleged that Auguste was “a relentless and unstable fan who manipulated herself into” his life. He claimed she bombarded him with 44 messages (including provocative messages, voice notes, and nude content of him) and harassed him and his family/friends so much that he had to sell his house and move away.
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However, according to Auguste things began in 2014 and proceeded to happen differently, and in November 2020, The Daily Beast reported that she filed for and was granted a temporary restraining order against the producer after accusing him of distributing revenge pornography images of her. Then in December 2020, Diplo filed for and was granted a restraining order against Auguste.
In April 2021, Diplo then filed a lawsuit against Auguste, alleging stalking, trespassing, and distribution of private materials, aka revenge porn. Responding, Auguste claimed she never sent any of the texts alleged by Diplo and claimed he was seeking revenge against her for calling him out with her restraining order.
Then in June 2021, Auguste filed a competing lawsuit against Diplo, alleging sexual battery, gender violence, and more. In her suit, she claimed Diplo pursued her when she was underage, had sex with her when she was an adult, and never disclosed he had an STI. Per TMZ, Auguste claimed a 35/36-year-old Diplo contacted her via Twitter when she was 17, and that they met for the first time in 2018, when she was 21.
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She also claimed that in late 2018, she asked Diplo about rumors of him contracting herpes and he allegedly got angry and cut off all communication. In 2019, they reportedly reunited and in April 2019, she claims she lost her virginity to Diplo. She also claims he recorded videos of their sexual encounter despite her requesting against it.
Auguste also claimed that in July 2019, she went to Las Vegas for a Diplo show and afterward he allegedly tried to coerce her into a threesome with a girl she believed was underage at the time. Shortly after, Auguste claimed she was diagnosed with chlamydia, which she believed she contracted from Diplo. In her suit, she also claimed the producer solicited nude photos of her and sent her sexually explicit and vulgar comments. Diplo and his attorney, Bryan Freedman, denied all the claims.
In July 2021, a month after Auguste’s lawsuit, the alleged underage woman she claimed was coerced into the filmed threesome with Diplo filed her own lawsuit, per TMZ. Days after accusing Diplo of plying her with drugs and alcohol and forcing her to perform oral sex, the woman dropped her sexual assault lawsuit. TMZ reported that the plaintiff, who filed under the initials E.K., said, “In light of the evidence and after consultation with my attorneys, I have decided to withdraw my lawsuit. No payment was offered or requested. I regret filing the lawsuit.”
RELATED: Diplo’s Accuser Drops Sexual Assault Lawsuit — Says She ‘Regrets Filing [July 2021]
In September 2022, TMZ reported that Diplo won his April 2021 lawsuit against Auguste, with an arbitrator determining that her subsequent tweets and Instagram Story posts calling out Diplo violated the terms of their dual restraining order agreement. The arbitrator also called for Auguste to pay out over $1.2 million to Diplo, covering damages, attorney fees, and other costs.
Since the September 2022 decision, Shelly Auguste is again calling out Diplo for alleged revenge porn, per Pitchfork. On August 18, 2023, Auguste reportedly filed a new police report with the Los Angeles Police Department, reiterating claims from her 2021 lawsuit, ie: that she “sent […] nude videos and photographs to [Diplo] voluntarily. Those items were for him only and not to [be distributed] to others. [Diplo] distributed some of the nude videos and photographs of her online.”20
Auguste also claims that the same day she filed her new police report, a woman contacted her on Instagram, claiming she had six nude photos of her. Auguste told police they were “either photos [Diplo] took or photos she had given to him.” Auguste again claims that Diplo is seeking revenge for her filing legal action against him.
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In response to the new police report, Diplo’s attorney, Bryan J. Freedman, said, “For more than three years, Shelly Auguste has been orchestrating an ongoing smear campaign against Wes—and this is just more of the same. Now, Ms. Auguste is at it yet again. But Wes will defend himself, and, just as he has done every time Ms. Auguste has defamed, harassed and attacked him and his family, he will win.”
On August 24, Diplo requested a temporary restraining order, which the Superior Court of California denied due to “insufficient articulable facts of harassment pled in this Petition to warrant the Court’s issuance of emergency temporary orders.” Then on September 18, Auguste was granted a new temporary restraining order against Diplo, who was not charged criminally over the initial allegation. In October, a judge extended her TRO until December.
In November, the LAPD submitted Auguste’s new case to the Los Angeles City Attorney’s Office, where it is currently under review. Meanwhile, Auguste’s 2021 lawsuit is still ongoing, with a civil trial currently scheduled for April 2024. In her filing, she accuses him of sexual battery, gender violence, intentional intrusion into private affairs, battery, assault, defamation, intentional infliction of emotional distress, and fraud, as well as violation of the Ralph Civil Rights Act and violation of the Tom Bane Civil Rights Act.
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