Two Arroyo Grande men sentenced for violent elder abuse attack on sleeping homeless man

By Staff Report · Mon Jul 20 2026

SAN LUIS OBISPO COUNTY — Boaz Winslow Brigham, 21, and Malachy Damien Hayes, 18, both of Arroyo Grande, were sentenced July 13 for the brutal, unprovoked attack on an elderly homeless man as he slept in Elm Street Park in March.

According to the San Luis Obispo County District Attorney’s Office, the two men admitted to felony elder abuse with a great bodily injury enhancement — a serious and violent felony (strike) under California’s Three Strikes law.

Surveillance video from the park gazebo showed Hayes urinating on the sleeping victim, Douglas Mark, before punching him. Brigham then joined in, and the pair continued punching and kicking the victim in the head, face, and body while he was on the ground. Brigham recorded the assault on his cell phone. The video later showed the two laughing, celebrating, and sharing the footage on Snapchat.

The victim suffered significant injuries, including a permanent brain injury, headaches, and cognitive difficulties.

The District Attorney’s Office had recommended the maximum sentence of seven years in state prison. However, citing the defendants’ youth, lack of significant prior criminal records, and acceptance of responsibility, the court suspended the five-year prison sentence and placed both on four years of formal probation. As a condition of probation, each must serve 364 days in county jail. Both were immediately taken into custody.

An additional condition of probation prohibits both men from using social media platforms (including Facebook, Instagram, X, Snapchat, and Reddit) for the full four-year term.

In a victim impact statement, Mr. Mark told the court the attack left him with lasting brain injuries and expressed outrage at the probation sentence.

District Attorney Dan Dow stated: "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 hearing for the victim is scheduled for September 14.