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Judge orders competency review for man arrested for attack in billionaire's Montecito home

Several sheriff's patrol vehicles are parked on the shoulder of a roadway in a residential area.
Santa Barbara County Sheriff's Office.
Santa Barbara County Sheriff's deputies at the scene of the May 21 incident at Ty Warner's Montecito estate.

Prosecutors and the defense will each conduct independent reviews to be presented to the judge.

A judge postponed a preliminary hearing and ordered a competency hearing for the man accused of breaking into a billionaire’s home in Montecito.

The suspect attacked a woman who is still in a coma.

Russel Maxwell Phay, 42, was charged with attempted murder, kidnapping, and three other counts from the May 21 incident. Santa Barbara County Sheriff’s investigators say Phay broke into Ty Warner’s home and attacked Linda Malek-Aslanian. Warner, who was at home at the time, was unhurt.

Sheriff’s deputies arrested him after a standoff. Investigators think the incident was random.

Phay's family members told NBC News that he has a history of mental illness.

His public defender raised the competency question, and a judge allowed both the defense and prosecution to do reviews. The preliminary hearing was postponed until after the reviews are complete. They're due June 30.

Phay entered a not guilty plea to the charges.

Lance Orozco has been News Director of KCLU since 2001, providing award-winning coverage of some of the biggest news events in the region, including the Thomas and Woolsey brush fires, the deadly Montecito debris flow, the Borderline Bar and Grill attack, and Ronald Reagan's funeral.