Two young men involved in a violent attack on a homeless man, captured in a shocking video, have received what some consider lenient sentences, according to a county official.
Boaz Winslow Brigham, 21, and Malachy Damien Hayes, 18, admitted to charges of elderly abuse on Monday for their brutal assault on Douglas Mark, 68, who was sleeping in a park’s picnic area in Arroyo Grande.
The court sentenced Brigham and Hayes to four years of formal probation following approximately one year in county jail. Both remain in the custody of the San Luis Obispo County Sheriff.
This sentence is less severe than the seven-year prison term sought by San Luis Obispo County District Attorney Dan Dow. The judge made this decision after taking into account the defendants’ youth, clean criminal records, and their decision to plead guilty.
“It’s one of the most shocking cases I’ve ever had,” Dow told The Post. “We were pretty disappointed that the judge did not sentence to prison like we asked.”
Surveillance footage showed Brigham and Hayes approaching the sleeping man at approximately 1:30 a.m. on March 20. Hayes urinated on Mark, waking him, and then began to punch him in the head.
Mark initially believed the sensation was caused by sprinklers, as he explained in an interview with The Post.
Mark had been sleeping in parks for three years, as they were among the few places where he could stay overnight and charge his phone.
“It just makes my blood boil when I think about it because it’s so demoralizing,” he said regarding the urination. “I can’t even — I get so mad I can’t even think.”
Brigham soon joined Hayes, both punching and kicking Mark as he lay on the ground.
Mark attempted to defend himself by lunging at their feet, but one of the attackers pulled him by the hair.
Brigham recorded the entire assault, including the urination, on his phone.
“R. Kelly,” Brigham shouted during the incident, referring to the controversial hip hop artist. “I just pulled a R. Kelly, pissed on a homeless n–,” he bragged.
Hayes kicked with such force at one point that his shoe flew off, according to the district attorney’s office.
Mark later regained consciousness and contacted police. “They left me for dead basically,” he said to The Post.
He sustained broken ribs, stitches, and a severe concussion from the attack.
The attackers later posted another video on Snapchat, joking about the incident and showcasing dried blood and injuries on their hands and shoes from the assault on Mark.
Mark expressed his frustration over the probation sentence, stating that he continues to suffer from headaches and memory issues due to the beating.
“This kid is a danger. I’m gonna let him have it with all I’m able to legally, because he’s a danger to society,” Mark said.
Currently, Mark has a place to stay thanks to the generosity of a park employee, according to the homeless man.
Earlier in his life, Mark worked on set construction for Rob Reiner’s Lorimar Studios and as an architectural landscaper. A series of family issues and a drunk driving incident about 30 years ago eventually led him to homelessness, he said.
