Russell Phay Faces Multiple Charges After Violent Attack at Ty Warner’s Montecito Home
MONTECITO, Calif. – The Nevada man accused of violently assaulting a woman on May 21 and barricading himself inside Ty Warner’s Montecito estate during a standoff with law enforcement has been charged with first-degree attempted murder.
Santa Barbara County District Attorney John T. Savrnoch announced the charges Friday against Russell Maxwell Phay, 42, of Henderson, Nevada. Additional charges include residential burglary with a person present, kidnapping, and resisting a peace officer.
On Wednesday, Santa Barbara County sheriff’s deputies responded to Warner’s estate on Fairway Road around 4:31 p.m. after receiving a report of an “unknown type problem.” When deputies arrived, they found a severely injured woman outside the residence and learned the suspect was still inside. Authorities said it was initially unclear whether anyone else was inside or being held hostage.
Phay allegedly attempted to evade arrest by jumping from a second-story bathroom window at the Beanie Babies creator’s estate. He was apprehended on the ground by deputies and a sheriff’s K-9.

The woman’s injuries were so severe that Savrnoch also filed a special allegation against Phay for personally inflicting great bodily injury resulting in a coma.
Investigators say there is no indication that Phay and the victim knew each other. Sources tell your News Channel that Warner was outside the estate during the incident. It remains unclear whether Phay has any connection to Warner.
Phay’s criminal history includes a 2017 arrest in Siskiyou County on assault and battery charges. The San Luis Obispo County Sheriff’s Office also confirmed that Phay was named in a complaint last year for allegedly making threats over the phone to a couple in Arroyo Grande.
According to a 2014 SFGATE report, Phay is a former Army infantry combat trainee who struggled with mental health challenges after his service. He previously served time in prison for threatening his estranged wife after she moved to Colorado with their child.
Phay is currently being held on $1 million bail. He is scheduled to appear in Department 12 of the Santa Barbara County Superior Court on June 2 for a preliminary hearing setting, with a preliminary hearing scheduled for June 3.