SANTA BARBARA, Calif.— The attack happened Wednesday, May 21st around 4:30 pm at Beanie Babies founder Ty Warner's mansion on Fairway Road. Forty two year old Russell Maxwell Phay was arrested after authorities say he jumped from a second-floor window. Officers found Linda Malek-Aslanian severely beaten. She ended up in a coma due to a brain injury, which factored into the charges against Phay. “My heart goes out to the victim and for the victim's family and what they have to go through, because there's really no justification or reason that somebody should have to suffer this kind of tragedy,” said Supervising Deputy District Attorney Kevin Weichbrod. Malek- Aslanian worked for Warner's Hotels and Resorts from 2004 to 2015, according to a Brokercheck report. Phay faces charges including first degree attempted murder, residential burglary with a person present, kidnapping, assault and resisting or delaying a peace officer. If Phay is convicted, he could serve life in prison. “It is one of the most traumatic events and it's one of the most traumatic experiences anybody can suffer. Your home is your place of safety. It is where you go to relax, to be with family, and to have it violated in that manner. The California penal Code takes that very seriously as does the district attorney's office,” said Santa Barbara County District Attorney John Savrnoch.
Warner was home at the time of the attack, but was unharmed. Phay has a long history of criminal charges and complaints. He also has a no bail warrant out of San Luis Obispo. In a 2014 interview with a San Francisco media outlet Phay, a veteran with a history of mental health issues, expressed belief that he is “salvageable.” The DA’s office says even attempted murder is eligible for mental health diversion. “That's a potential that the defense could file a mental health diversion petition, and that's something that we would litigate in court. Mental health can be used as a defense for certain elements. It can be a defense for specific intent crimes, such as the intent to kill. And then it also becomes a sentencing factor. If there is a conviction, mental health issues can be mitigating factors in terms of potential punishment,” said Weichbrod. A preliminary hearing setting is scheduled for Monday June 2nd, and the preliminary hearing will be on Tuesday, June 3rd.
Santa Barbara County District Attorney’s Office reacts to violent home invasion at Ty Warner estate News Channel 3-12.
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