Two California men who filmed themselves urinating on and brutally beating a 68-year-old homeless man as he slept in a public park will serve just one year in county jail followed by probation, despite prosecutors seeking seven years in prison for the vicious attack.
Violent Attack Captured on Video
Boaz Winslow Brigham, 21, and Malachy Damien Hayes, 18, pleaded guilty to elderly abuse for their March 20 assault on Douglas Mark in Arroyo Grande. Surveillance footage from 1:30 a.m. shows Hayes approaching the sleeping man and urinating on him. When Mark woke and tried to stand, Hayes began punching his head. Brigham joined the assault, with both men kicking and punching Mark’s head, face, and body as he lay defenseless on the ground.
Brigham recorded the attack on his cell phone, shouting references to disgraced musician R. Kelly while his accomplice kicked Mark so hard his shoe flew off. The attackers later posted another video to Snapchat, joking about the incident and showing dried blood on their hands and shoes. Mark lost consciousness during the beating and called police after regaining awareness. He suffered broken ribs, required stitches, and sustained a severe concussion.
Controversial Sentencing Decision
San Luis Obispo County District Attorney Dan Dow called it one of the most shocking cases he has encountered and expressed disappointment with the sentence. The judge imposed four years of formal probation after approximately one year in county jail, downgrading from the requested seven-year prison term. The court considered the defendants’ youth, lack of criminal history, and guilty pleas as mitigating factors. Both men remain in custody of the San Luis Obispo County Sheriff.
Victim Speaks Out
Mark, who has been homeless for three years and sleeps in parks where he can charge his phone overnight, described the attack as demoralizing. He continues to suffer headaches and memory problems from the assault. The victim expressed concern that the lenient sentence fails to protect public safety, calling one attacker a danger to society. Mark previously worked building sets for director Rob Reiner’s Lorimar Studios and as an architectural landscaper before family problems and a decades-old drunk driving incident led to homelessness. A park employee has provided him temporary housing.
