4 days ago
Shocking police oversight that led to woman nearly being killed in Beanie Babies tycoon mansion
Police were warned that the Army combat veteran who violently attacked a woman at Ty Warner's mansion was 'spiraling' and 'could harm someone', his relatives claim.
Russell Maxwell Phay, 42, allegedly broke into the Beanie Babies founder's $400 million Montecito estate on May 21 and beat Linda Malek-Aslanian nearly to death.
Phay was arrested after a standoff with deputies during which he locked himself inside a bathroom before jumping from a second-floor window of the sprawling 6.58-acre coastal mansion in southern California.
Malek-Aslanian, 60, is in a coma after suffering a brain injury during the assault.
Police have not yet identified a possible motive for horrific attack, but Phay's family has now alleged that his siblings called the Colorado Department of Corrections several times to warn authorities that 'he was in crisis'.
'We left multiple messages over the course of the week expressing our fear that Russell was spiraling and could harm someone,' his relatives told NBC News.
The family claims Phay, who served in the Army roughly 20 years ago, suffers from 'severe schizophrenia', which they allege transformed him from a kind person to an unrecognizable man who is 'unstable' and 'at times violent'.
Phay's 'heartbroken' family have condemned his alleged 'senseless act of violence' and hit out at authorities, claiming 'this tragedy might have been preventable' had officials intervened.
'We are devastated that our efforts to sound the alarm went unanswered,' the family told the news outlet.
Phay's family received worrying calls from him in the weeks leading up to the attack at Warner's estate.
A sibling, who spoke to NBC on the condition of anonymity, alleged that although Phay did not make any specific threats, he 'made little sense' on during the call and failed to provide details about his whereabouts.
His concerning calls prompted the family to contact corrections officials, but never heard back.
The sibling claims the family did not learn that Phay had been arrested until four days after the alleged attack when he called a relative from jail.
Although many of the family has distanced themselves from Phay due to 'safety' concerns, his loved ones say 'we tried to take action when we saw warning signs that he was in crisis'.
Phay has pleaded not guilty to multiple charges including attempted murder, kidnapping, assault and burglary.
He remains in custody at the Santa Barbara County jail and is not eligible for bail.
Beanie Babies founder Ty Warner, 80, (pictured in 2013) was home at the time of the attack and unharmed, with officials saying he was 'able to escape and contact authorities' for help
Phay (pictured in his 2018 mugshot) has pleaded not guilty to multiple charges including attempted murder, kidnapping, assault and burglary. He remains in custody at the Santa Barbara County jail and is not eligible for bail
Phay entered Warner's home with the 'intent to commit larceny' before holding Malek-Aslanian against her will, prosecutors said in a criminal complaint.
He assaulted Malek-Aslanian, whom prosecutors described as being 'particularly vulnerable', caused 'great bodily injury', the complaint added.
Investigators are 'uncertain' why Phay targeted the Beanie Babies mogul's home, which is neighbored by ritzy homes belonging to dozens of stars including Prince Harry and Meghan Markle.
'It's a big house, but of course it's in an area with a lot of big houses,' Santa Barbara County District Attorney John Savrnoch told People Magazine.
He added that authorities do not believe that Phay, whom Savrnoch branded a 'serious danger to society', personally knew Malek-Aslanian or Warner.
Warner, 80, was home at the time of the attack and unharmed, with the district attorney saying he was 'able to escape and contact authorities' for help.
The toy tycoon's relationship with the victim, a financial services expert, wasn't immediately clear.
Malek-Aslanian, who according to broker records is currently employed at New York Life, did previously work for Warner's hotels division.
Artist Tony Shafrazi (left) and Linda Aslanian (right) attend the 11th Annual Children Of Armenia Fund Holiday Gala at Cipriani 42nd Street on December 12, 2014 in New York City
Phay has a criminal history spanning multiple states that includes guilty pleas to violent acts including assault, stalking and menacing, court records reveal.
He was named in a complaint as recently as last year, after he allegedly threatened a couple over the phone.
The ex-Army combat soldier was arrested in Siskiyou County in 2018 and charged with battery and assault, but the case was dismissed last year.
Phay also appeared in court in 2014 after he 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 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.
He was ordered to remain on parole in Colorado for two years after completing a 512-day prison sentence in 2021.
Phay, accused of assaulting someone with a baseball bat, pleaded guilty to felony menacing in June that year.
It is unclear if he was on parole at the time of the alleged attack in Montecito, though his family members claim state corrections officials said he was.
In their statement to NBC, Phay's siblings said they were 'heartbroken by the horrific incident involving our brother, Russell M. Phay, and the innocent woman who was so grievously harmed.
'Our hearts are with her, her family, and everyone affected by this senseless act of violence. We are deeply saddened by the pain and trauma caused.'
They added that they are also grieving the 'brother we once knew - and the system that continues to fail so many families like ours'.
Police say the investigation into the attack is ongoing.
