A Nevada Army veteran accused of a violent break-in at billionaire Ty Warner’s California estate that left a woman comatose told investigators he believed pop star Katy Perry was controlling him, court testimony shows.
Russell Maxwell Phay, 42, of Henderson, Nevada, is charged with first-degree attempted murder with premeditation and deliberation, kidnapping, residential burglary, assault likely to produce great bodily injury, and resisting a peace officer, according to the Santa Barbara County District Attorney’s Office.
Court records further show Phay is charged in a separate assault involving a second victim who was found unconscious earlier the same day. That charge also includes a special allegation for personally inflicting great bodily injury.
According to the Santa Barbara County Sheriff’s Office, deputies were called to the 1000 block of Fairway Road around 4:30 p.m. after reports of a possible home invasion or vehicle theft in progress. When deputies arrived, they found a female victim outside the residence suffering from severe injuries and requiring emergency medical care.
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Investigators said Phay remained inside the home, prompting deputies to establish a perimeter and call in additional resources, including air support, armored vehicles and crisis negotiators, amid concerns there could be additional victims or hostages inside. Authorities later determined all other occupants had escaped safely.
Deputies eventually located Phay barricaded inside an upstairs bathroom, according to the sheriff’s office. After refusing commands to surrender, Phay attempted to flee by climbing out of a second-story window before being apprehended by deputies and a Sheriff’s K-9 unit.
Court records filed by the Santa Barbara County District Attorney’s Office identify the homeowner as Warner, the billionaire founder and former CEO of the Beanie Babies brand. Prosecutors said Warner was inside the home at the time of the alleged break-in but managed to escape and contact authorities.
During a preliminary hearing, Santa Barbara County Sheriff’s Office Detective Matthew Maxwell testified that Phay told investigators he believed he was married to Katy Perry and shared what he described as a psychic “head link” with her, according to SFGate.
Maxwell testified that Phay said he believed the singer instructed him to go to the Montecito home, which he thought belonged to her. When he encountered the woman inside, Phay allegedly believed she was Perry’s mother and thought she was abusive, according to the outlet. Perry has owned property in the Montecito area.
Detective Maxwell also testified that the Warner estate attack was Phay’s second violent assault within days, the outlet reported. Investigators said Phay was also a suspect in a separate assault in Arroyo Quemado, where a woman reported finding him in her yard drinking from a garden hose. When the woman confronted him, Phay allegedly assaulted her and later told investigators he believed she was dead, according to SFGate’s summary of the testimony.
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Phay’s family told the San Francisco Chronicle that they repeatedly tried to alert authorities in the days leading up to the attack, warning that he was experiencing a mental health crisis and could harm someone. According to the Chronicle, relatives said they contacted Colorado’s Department of Corrections as early as May 19 but never received a response. The family said it learned of Phay’s arrest days later when he called from jail.
In statements shared with NBC News and cited by the Chronicle, family members described Phay as suffering from severe mental illness and said they had previously distanced themselves from him for their own safety.
“This tragedy might have been preventable, and we are devastated that our efforts to sound the alarm went unanswered,” the family said.
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According to the San Francisco Chronicle, Phay has a criminal history spanning multiple states, including prior convictions for assault and stalking. The outlet reported that he was on parole in Colorado following a 2021 felony menacing conviction, though it remains unclear whether he was still under supervision at the time of the Montecito attack.
Phay’s case had previously drawn attention in 2014, when he was featured in a San Francisco Chronicle article examining San Francisco’s Veterans Court, a program designed to provide treatment and rehabilitation for military veterans facing criminal charges.
“I am fully trained for combat,” Phay told the Chronicle. “I have been trained to eliminate you. I know that sounds crazy, but it is true.”
Phay is being held on $1 million bail, according to the Santa Barbara County District Attorney’s Office and court records. Mental competency proceedings were held earlier this year, according to court filings.
He is scheduled to appear in Santa Barbara Superior Court for a preliminary hearing set for June 2, followed by a preliminary hearing on June 3.
Fox News Digital reached out to the Santa Barbara Sheriff’s Office for comment.
