Two men sentenced for attack on sleeping homeless man
Victim suffered a permanent brain injury in the March attack
– Two Arroyo Grande men were sentenced Monday after admitting to violently attacking an elderly homeless man as he slept in an Arroyo Grande park in March, according to a press release from the San Luis Obispo County District Attorney.
Boaz Winslow Brigham, 21, pleaded guilty, and Malachy Damien Hayes, 18, pleaded no contest to felony elder abuse. Each admitted a great bodily injury enhancement and multiple aggravating factors. The enhancement classifies the offense as a serious and violent felony under California’s Three Strikes law.
According to the San Luis Obispo County District Attorney’s Office, the attack occurred at about 1:30 a.m. March 20 at Elm Street Park, where the victim, Douglas Mark, was sleeping beneath a gazebo.
Police reports and surveillance video reviewed during the investigation showed Hayes approach Mark while he slept, stand over him, and urinate on him until he awoke. Mark told officers he woke after liquid splashed onto his face and body.
As Mark attempted to stand, Hayes began punching him in the head and face, according to the District Attorney’s Office. Brigham then joined the assault, and the two repeatedly punched and kicked Mark in the head, face, and body while he lay on the ground. Prosecutors said Brigham recorded the attack on his cellphone.
The District Attorney’s Office said Hayes’ shoe came off while he kicked Mark in the head. Hayes stopped to retrieve and put the shoe back on before kicking him again. Prosecutors said Brigham also returned to kick Mark in the head a second time.
Investigators later found what appeared to be dried blood on Hayes’ shoe and knuckles, as well as swelling consistent with a hematoma on Brigham’s hand, according to the District Attorney’s Office.
The office also said records recovered from the defendants’ cellphones showed the two laughing, encouraging one another during the assault, high-fiving afterward, and sharing video of the attack with others through Snapchat.
Prosecutors sought the maximum sentence of seven years in state prison. The San Luis Obispo County Probation Department instead recommended probation with one year in county jail after considering the sentencing factors outlined in the California Rules of Court.
Judge Crystal T. Seiler ruled that the presumption favoring a state prison sentence was overcome by the defendants’ youth, limited criminal histories, and acceptance of responsibility through their pleas.
The court suspended a five-year state prison sentence for each defendant, consisting of a two-year base term for elder abuse and a consecutive three-year great bodily injury enhancement. Instead, Seiler placed both men on formal probation for four years, with a condition that each serve 364 days in county jail. Both defendants were immediately remanded into the custody of the San Luis Obispo County Sheriff’s Office.
As a condition of probation, both defendants are prohibited from using social media platforms, including Facebook, Instagram, X, Snapchat, and Reddit, during the four-year probation period.
During sentencing, Mark addressed the court.
“For this to be considered probation is outrageous … my eyes were filled of blood, [I] get headaches … have a brain injury … What if I died? My brain is broken, it doesn’t work right, I don’t think right … They ruined my brain,” he said.
He also said of the defendants, “They are devoid of any conscience,” and described watching video of the attack during the sentencing hearing as “hard to believe.”
District Attorney Dan Dow said his office believed a state prison sentence was appropriate.
“This elderly man was homeless, asleep, and completely defenseless when he was humiliated and brutally beaten, leaving him with a permanent brain injury. He was especially vulnerable, and he is entitled to protection and dignity as a human being. Our office sought a state prison sentence because this predatory, recorded attack on a sleeping victim warranted the strongest response the law allows. Although we are disappointed that probation was granted instead of prison, we respect the Court’s authority and will continue to stand with victims and advocate for firm, just consequences for violent offenders.”
A restitution status hearing is scheduled for Sept. 14 in Department 9 of San Luis Obispo County Superior Court.
The Arroyo Grande Police Department investigated the case, and Deputy District Attorney Julie Antos prosecuted it.
