Two Arroyo Grande men, Boaz Winslow Brigham, 21 (left) and Malachy Damien Hayes, 18 were sentenced to a year in County Jail and 4 years of probation after admitting to violently attacking a homeless man sleeping in an Arroyo Grande park. Submitted photos
Two Arroyo Grande men who severely beat a sleeping homeless man leaving him battered and bloody and suffering brain damage have been sentenced to a year in County Jail and 4-years’ probation, the District Attorney’s Office said.
The two men, identified as Boaz Winslow Brigham, 21 and Malachy Damien Hayes, 18, both from Arroyo Grande, admitted to “violently attacking an elderly, homeless man as he slept in a public park in Arroyo Grande,” the D.A. said. Brigham pled guilty and Hayes pled “No Contest” to the multiple charges of felony elder abuse, and causing great bodily injury, an enhancement that should have added years to their sentences plus “multiple aggravating factors.”
The great injury enhancement elevates the crime to a serious and violent felony and constitutes a strike in the State’s Three Strikes Law.
The beating was captured on surveillance camera. “The shocking crime,” the D.A. said, “was committed at approximately 1:30 in the morning while the homeless victim slept in a park under an outdoor picnic area that was under video surveillance.”
The crime happened March 20, 2026, and video shows the two men “walked together to Elm Street Park,” the D.A. said, “where the victim, Douglas Mark, was asleep in the park gazebo.”
Hayes was shown approaching the sleeping man and then urinating on him as he slept. The act woke up Mark with “liquid splashing on his face and body. As Mr. Mark struggled to his feet, Hayes advanced on him and began punching him in the head and face. Brigham then walked into view and joined the attack, with the two continuing to punch and kick Mr. Mark in the head, face, and body while he lay on the ground — all while Brigham continuously video-recorded the assault on his cell phone.”
Hayes’ shoe flew off his foot as he kicked Mark in the head, and he stopped just long enough to put his shoe back on then resumed the attack. Brigham also returned to the attack multiple times. Police said they drew blood in their violent assault.
“Officers later observed what appeared to be dried blood on Hayes’ shoe and knuckles,” the D.A. said, “as well as swelling consistent with a hematoma on Brigham’s hand, injuries consistent with repeatedly striking the victim.”
They provided the most damning evidence themselves.
“Records recovered from the defendants’ phones,” the D.A. said, “further show that during and after the attack, the two young men could be heard laughing, egging each other on, and celebrating the assault — including high-fiving one another afterward — and that they later shared video of the incident with others through Snapchat, boasting about what they had done.”
With both men admitting to their cruelty the D.A.’s Office pushed for a harsh sentence, but the Probation Department’s report urged the judge to go soft on them.
The D.A.’s Office, “argued for the maximum sentence available under California law: 7 years in State Prison. However, after considering and following the sentencing factors published in the Rules of Court, the San Luis Obispo County Probation Department recommended probation with 1 year in County Jail rather than a State Prison commitment.”
Judge Crystal Seiler had a lot of information to consider including the Probation report, letters submitted defending the two men and a victim’s statement but still went easy on them because of their ages.
“The Court,” the D.A. said, “found that the statutory presumption favoring State Prison for a defendant who willfully inflicts great bodily injury was overcome by each defendant’s youth, lack of significant prior criminal history, and willingness to accept responsibility by pleading to the charges.”
They were supposed to get State Prison time, but the judge suspended that sentence in favor of the lighter year in jail and probation.
“The Court suspended the 5-year State Prison sentence for each defendant,” the D.A. said, “a 2-year base term on the elder abuse count plus a consecutive 3-year enhancement — and instead placed both defendants on formal probation for 4 years, conditioned on serving 364 days in County Jail.”
The amount of restitution each will have to pay has not yet been determined.
Formal probation means they will have to regularly meet with a probation officer and usually includes clauses like regular and surprise drug testing and a requirement to obey all laws among others. They also got a special condition that the D.A. thinks is going to be tough on them.
“As a special condition of probation, both defendants are barred from using any social media platform, including Facebook, Instagram, X, Snapchat, and Reddit, for the full 4-year term of their probation.
“Given the defendants’ age and the outsized role social media plays among their peer group, compliance with this restriction is expected to be a significant challenge for both men.” If either gets caught posting something online it could mean the State Prison sentenced would be reinstated.
Given the vicious nature of the attack and their posting it online, Snapchat would be justified in banning both men forever.
The victim addressed the judge during the sentencing hearing and he was not happy. “For this to be considered probation is outrageous,” Mark said, “my eyes were filled of blood, [I] get headaches and 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 added, “They are devoid of any conscience.” He saw the video for the first time in court and was shocked. He described it as, “hard to believe.”
D.A. Dan Dow was equally outraged. “This elderly man was homeless, asleep, and completely defenseless when he was humiliated and brutally beaten, leaving him with a permanent brain injury,” D.A. Dow said in a statement. “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 hearing to determine restitution is set for Sept. 14. Both criminals have already begun serving their sentences.
Arroyo Grande Police investigated the crime, and it was prosecuted by Dep. D.A. Julie Antos. Victim Witness services were provided by Victim Advocate Tristan Milledge and Witness Coordinator Eloiza Basinger.
The attack on a homeless person is reminiscent of recent attacks on other homeless people including the extreme cases of two homeless people who were set ablaze while snoozing on a New York City Subway train.
According to the National Coalition for the Homeless “Over the past 23 years, the National Coalition for the Homeless (NCH) has documented nearly 2,000 incidents of violence against people who were homeless. Since 1999, at least 588 of un-housed victims have violently been killed just for being un-housed.”
And from 1999-2022 in California there were more than 100 documented attacks against homeless people according to the Coalition (see: nationalhomeless.org/tag/hate-crimes).
Homeless advocate groups believe such attacks should be treated as hate crimes.
