Two Arroyo Grande men have been sentenced after admitting to an unprovoked assault on a sleeping homeless man that left the victim with a permanent brain injury.
Boaz Winslow Brigham, 21, and Malachy Damien Hayes, 18, appeared in San Luis Obispo County Superior Court on July 13 where Brigham pleaded guilty and Hayes pleaded no contest to felony elder abuse.
Both admitted to causing great bodily injury, making the conviction a serious and violent felony under California's Three Strikes law.
According to investigators, the attack happened around 1:30 a.m. on March 20 at Elm Street Park in Arroyo Grande.
Authorities say surveillance video showed Hayes approaching the sleeping victim, Douglas Mark, and urinating on him before launching a violent assault.
As Mark attempted to get up, officials say Hayes repeatedly punched him in the head and face. Brigham then joined the attack, with both men kicking and punching the victim while he lay on the ground. Authorities said Brigham also recorded the assault on his cellphone.
Investigators said Hayes briefly stopped after one of his shoes flew off during the beating, put it back on, and continued kicking the victim. Phone evidence later revealed the pair laughing, encouraging one another, and sharing videos of the assault through Snapchat.
Prosecutors sought the maximum seven-year state prison sentence, arguing the attack was especially cruel because the victim was elderly, homeless, asleep, and unable to defend himself.
However, the San Luis Obispo County Probation Department recommended probation.
Judge Crystal T. Seiler suspended five-year state prison sentences for both defendants and instead placed them on four years of formal probation.
Each must serve 364 days in county jail and is prohibited from using social media platforms including Facebook, Instagram, X, Snapchat, and Reddit for the duration of their probation.
During sentencing, Mark described the lasting impact of the attack, telling the court he continues to suffer from headaches and a traumatic brain injury. "They ruined my brain," he said, calling the probation sentence "outrageous."
San Luis Obispo County District Attorney Dan Dow expressed disappointment with the outcome, saying the attack warranted prison time. While respecting the court's decision, Dow said his office will continue advocating for strong consequences for violent offenders and justice for victims.
