Mistrial declared for doctor accused of attempting to kill a Newport Beach attorney

A mistrial was declared Wednesday in the trial of a doctor accused of attempting to kill a Newport Beach attorney.

Richard Lee Austin, 66, was previously convicted of stalking and trying to kidnap the same attorney. But, for a second time, jurors were unable to come to an agreement as to whether he was attempting to kill the woman when he confronted her while armed with a gun at her office.

Austin in 2008 got into a road rage confrontation with another driver in San Diego that led to his arrest. He settled a civil lawsuit with the other driver, then sued his own insurance company, alleging his policy should have covered the settlement.

Attorney Limor Lehavi successfully defended the insurance company, also winning a second lawsuit that Austin filed against her. Austin was ordered to pay attorneys’ fees in both of those civil cases, which prosecutors say led to him blaming Lehavi and becoming “obsessed” with her. He also blamed Lehavi for his cancer diagnosis, according to prosecutors.

In April 2017, Austin traveled to Orange County from his home in New Mexico.

Austin called Lehavi’s office using an assumed name, prosecutors said, but a receptionist noticed his real name thanks to caller-ID on their phones. The call worried the attorney, who began having co-workers walk her to her car.

The attorney’s co-workers spotted Austin in a parking garage at their office, prosecutors said, leading him to jump into his rental car and drive off, nearly hitting the co-workers. He was later arrested in New Mexico.

Deputy District Attorney Jeffrey Boyd during closing arguments last week told a Santa Ana jury that when Austin arrived at the attorney’s office he had  zip-ties, duct-tape and a loaded gun, and was “ready to kill.”

“The defendant brought a firearm to a paper fight,” Boyd said. “A paper fight that ended four years before.”

Austin’s attorney, Jack Earley, said Austin wanted to take the attorney at gunpoint to her boss’ office in order to get her fired, not kill her.

“He wanted her to face the public humiliation that he faced,” Earley said.

Boyd said he plans to pursue another retrial, noting that the second jury was deadlocked 11 to 1 in favor of a conviction, after the first jury deadlocked 8 to 4 in favor of the attempted murder charge. Earley said he was skeptical that any jury would be able to reach a verdict.