EXCLUSIVE Obscene courtroom outburst of Beanie Babies attacker who beat woman into coma

Daily Mail​

2 days ago

A combat veteran arrested for violently beating a woman inside the California home of the Beanie Babies CEO made an obscene gesture as he appeared in court on Monday.
Russell Maxwell Phay, 42, is facing charges of attempted murder, burglary, kidnapping, and assault for the attack on 60-year-old Linda Malek-Aslanian at reclusive CEO Ty Warner's Montecito, California home.
The victim, Malek-Aslanian is a financial services expert who once worked for Warner's hotels division, was comatose due to a brain injury.
Police say the former Army combat soldier, who once claimed he was 'trained to eliminate' his enemies, broke into the home and demanded everyone leave on May 21.
When officers then arrived at the scene, they found Malek-Aslanian outside with 'severe injuries' and Phay 'barricaded' in a second-story bathroom.
He allegedly tried to evade arrest by jumping from the bathroom window, but was tackled to the ground by sheriff's deputies and K-9 officers.
Phay has been held at the Santa Barbara County jail without bail.
He appeared at the Santa Barbara Superior Court on Monday - where he previously pleaded not guilty to the charges against him.
Exclusive photos for DailyMail.com from the court appearance show the veteran in gray coveralls with a blue undershirt giving the middle finger to a photographer at the scene.
In the end, Judge Stephen Foley ordered that Phay - whose wrists and ankles were restrained - undergo a mental evaluation.
Police have said they were called to Warner's mansion about a disturbance shortly after 4.30pm, and found Phay holed up inside.
Officers feared the suspect had hostages inside, and deployed a BearCat armored vehicle, K-9 officers and a helicopter as they set up a perimeter.
Authorities were ultimately able to enter the home in search of victims - and discovered that the occupants, including Warner himself, had escaped.
Phay, though, was still hiding in a restroom upstairs.
At that point, crisis negotiators were deployed to try to talk Phay into coming out of the bathroom - but Phay attempted to flee out of the window instead.
Prosecutors now claim Phay entered Warner's home with the 'intent to commit larceny' before assaulting Malek-Aslanian and inflicting 'great bodily injury'.
The criminal complaint said Malek-Aslanian 'was particularly vulnerable'.
Yet officials have said they do not believe Phay personally knew his alleged victim, a financial services expert 'who once worked for Warner's hotels division', KSBW reports.
Santa Barbara County District Attorney John Savrnoch, who branded the case as 'very serious', has also filed special allegations against Phay, claiming he poses 'serious danger to society'.
The Army veteran appears to have a history of alleged violence, and was named in ac criminal complaint as recently as last year, when he allegedly threatened a couple over the phone according to KEYT.
Phay was also arrested in in Siskiyou County in 2018 and charged with battery and assault, but the case was dismissed last year.
Additionally, in 2014, Phay allegedly threatened his wife and followed her across state lines after she tried to flee with their son.
A violent attack against his wife resulted in a prison sentence, but upon his release Phay was eligible for diversion programs that targeted ex-military personnel battling mental health issues.
He told The San Francisco Chronicle after his release: 'They've recognized that I am salvageable. I need treatment, and I've gotten treatment. I feel like people here understand the brotherhood.'
Phay left the Army as a trained infantry combat soldier with specialized weapons training, telling the newspaper how 'I have been trained to eliminate you'.
He admitted that his remark 'sounds crazy, but it is true.'
Phay was expecting to serve in Kuwait, but his tour of duty expired before he could be deployed.
In the charging documents for his latest alleged offense, DA Savrnoch cited Phay's previous criminal records, which he claimed were 'both numerous and of increasing severity'.
He also alleged that Phay's behavior on probation, parole, and post-release supervision was 'unsatisfactory'.
The suspect is now due back in court on June 30.