FILED
SUPERIOR COURT of CALIFORNIA
COUNTY OF SANTA BARBARA
THE SUPERIOR COURT, STATE OF CALIFORNIA MAY 2 32025
FOR THE COUNTY OF SANTA BARBARA
SANTA BARBARA DIVISION rel E\ Parker; Exeoutive Officer
THE PEOPLE OF THE STATE OF CALIFORNIA
Plaintiff, DA No. 25-007716
vs
Court No. 2S
RUSSELL MAXWELL PHAY DOB: 09/28/1982
AKA: RUSSELL PHAY
AKA: JACOB MICHAEL PHAY
AKA : RUSSELL M PHAY FELONY COMPLAINT
Defendant(s)
The undersigned 1s informed and believes that
COUNT 1
On or about the 21st day of May, 2025, in the County of Santa Barbara, the crime of ATTEMPTED
MURDER, 1n violation of PENAL CODE SECTION 664/187(a), a Felony, was committed by RUSSELL
MAXWELL PHAY, who did unlawfully and with malice aforethought attempt to murder a human being, to
wit L. MALEK-ASLANIAN
It 1s further alleged that the above offense is a serious felony within the meaning of Penal Code Section
1192 7(c) (9)
It 1s further alleged that the above offense 1s a violent felony within the meaning of Penal Code Section
667 5(c) (12)
It is further alleged that the above offense of attempted murder was willful, deliberate and premeditated
within the meaning of Penal Code 664(a)
COUNT 2
On or about the 21st day of May, 2025, in the County of Santa Barbara, the crime of FIRST DEGREE
RESIDENTIAL BURGLARY, PERSON PRESENT, in violation of PENAL CODE SECTION 459, a Felony,
was committed by RUSSELL MAXWELL PHAY, did enter an inhabited dwelling house and trailer coach and
inhabited portion of a building occupied by T. WARNER & L. MALEK-ASLANIAN, with the intent to
commit larceny and any felony
It is further alleged that the above offense 1s a serious felony within the meaning of Penal Code Section
1192 7(c) (18).
It 1s further alleged that the above offense 1s a violation of Penal Code Section 462(a)
It 1s further alleged that the above offense 1s a violent felony within the meaning of Penal Code 667 5(c) in
that another person, other than an accomplice, was present in the residence during the commission of the above
offense
1
COUNT 3
On or about the 21st day of May, 2025, in the County of Santa Barbara, the crime of KIDNAPPING, in
violation of PENAL CODE SECTION 207(a), a Felony, was committed by RUSSELL MAXWELL PHAY,
who did forcibly or by any other means of instilling fear, steal, take, hold, detain, or arrest L. MALEK-
ASLANIAN in Santa Barbara County, California, and did take the said victim into another country, state,
county or another part of Santa Barbara County
It is further alleged that the above offense 1s a serious felony within the meaning of Penal Code Section
1192 7(c)
It 1s further alleged that the above offense 1s a violent felony within the meaning of Penal Code Section
667 5(c)(14)
COUNT 4
On or about the 21st day of May, 2025, in the County of Santa Barbara, the crime of ASSAULT BY
MEANS OF FORCE LIKELY TO PRODUCE GREAT BODILY INJURY, tn violation of PENAL CODE
SECTION 245(a)(4), a Felony, was committed by RUSSELL MAXWELL PHAY, who did willfully and
unlawfully commit an assault on L. MALEK-ASLANIAN by means of force likely to produce great bodily
injury
SPECIAL ALLEG GREAT BODILY INJURY RESULTING IN COMA
-
further alleged as to COUNTS 1, 3 & 4, within the meaning of Penal Code section 12022 7(b), that
It 1s
in the commission of the above offense, the said defendant personally inflicted great bodily injury upon L.
MALEK-ASLANIAN, causing the victim to become comatose due to brain injury
>
It is further alleged that the above offense is a serious felony within the meaning of Penal Code section
1192 7(c)(8) "
It 1s further alleged that the above offense is a violent felony within the meaning of Penal Code Section
667 5(c)(8).
SPEC ALLEG SERIOUS/VIOLENT/REGISTERABLE SEX OFFENSE FELONY
-
It 1s further alleged as to COUNTS 1-4 that the above offense 1s a serious felony within the meaning of
Penal Code section 1192 7(c) and/or a violent felony described in subdivision(s) of Penal Code section 667.5
and/or an offense requiring registration under the provisions Penal Code sections 290 et seq, pursuant to Penal
Code section 1170(h), that the defendant 1s ineligible for a state prison sentence to be served in the county jail
"NOTICE Pursuant to Penal Code section 1170(f), notwithstanding any other provisions of this section, for
purposes of subdivision (h) of section 1170, any allegation that a defendant 1s ineligible for a state prison
sentence to be served in the county jail due to a prior or current conviction, or sentence enhancement, or
because he or she 1s required to register as a sex offender, or because the legislature specifically excluded the
"
offense, shail not be subject to dismissal pursuant to §1385 PC
2
COUNT 5
On or about the 21st day of May, 2025, in the County of Santa Barbara, the crime of RESIST,
OBSTRUCT, DELAY OF PEACE OFFICER OR EMT, in violation of PENAL CODE SECTION 148(a)(1), a
Misdemeanor, was committed by RUSSELL MAXWELL PHAY, who did willfully and unlawfully resist,
delay or obstruct SBSO DEPUTIES, attempting to and discharging the duty of his/her office and employment.
SPECIAL ALLEGATION: AGGRAVATING FACTORS
It 1s further alleged as to defendant RUSSELL MAXWELL PHAY, as to Count(s) 1-4, that the People
will seek findings from the jury on factors in aggravation pursuant to California Rules of Court, Rule 4 421 that
Pursuant to California Rules of Court, Rule 4 421(a)
(a)(1) The crime involved great violence, great bodily harm, threat of great bodily harm, or other acts disclosing
a high degree of cruelty, viciousness, or callousness;
(a)(3) The victim was particularly vulnerable,
(a)(7) The defendant was convicted of other crimes for which consecutive sentences could have been imposed
but for which concurrent sentences are being imposed,
Pursuant to California Rules of Court, Rule 4 421(b).
(b)(1) The defendant has engaged in violent conduct that indicates a serious danger to society;
(b)(2) The defendant's prior convictions as an adult or sustained petitions in juvenile delinquency proceedings
are numerous or of increasing seriousness,
(b)(3) The defendant has served a prior term in prison or county jail under section 1170(h),
(b)(5) The defendant's prior performance on probation, mandatory supervision, post-release community
supervision, or parole was unsatisfactory
* KK KK K
Pursuant to Penal Code Section 1054 5(b), the People are hereby informally requesting that defense counsel
provide discovery to the People as required by Penal Code Section 1054.3.
I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT AND
THAT THIS COMPLAINT CONSISTS OF 5 COUNT(S)
Executed at Santa Barbara, California, on 05/23/2025.
a
JOHN T. SAVRNOCH
DISTRICT ATTORNEY
Agency SBSO
Agency Case No 25-5157
3
DRIVER'S COURT
DEFENDANT NAME SEX RACE HGT WGT EYES HAIR LICENSE STS DATE
RUSSELL MAXWELL PHAY Caucasian 6'3 250 Blue Brown 807470971 IC 05/23/2025
vd
