Two young men, Boaz Winslow Brigham, 21, and Malachy Damien Hayes, 18, received a four-year formal probation sentence for their assault on 68-year-old Douglas Mark. The San Luis Obispo County Sheriff’s Office has them in custody.
The judge handed down the sentence Monday, which included approximately one year in county jail. The probation sentence was a reduction from the seven years in prison sought by San Luis Obispo County District Attorney Dan Dow. Dow stated the judge considered the defendants' youth, lack of prior criminal history, and their willingness 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 video captured the incident on March 20 around 1:30 a.m. in a public park in Arroyo Grande. The video shows Hayes approaching Mark, who was sleeping, and urinating on him until he woke up. As Mark attempted to stand, Hayes began punching him in the head. Mark initially believed the liquid was from sprinklers.
Brigham then joined the assault, and both men punched and kicked Mark while he was on the ground. During the attack, Brigham recorded the incident on his cell phone, making references to the rapper R. Kelly. The district attorney's office reported that Hayes kicked Mark so forcefully that his shoe came off.
Mark stated he was left unconscious and reported the attack after waking up. He sustained broken ribs, required stitches, and suffered a severe concussion. Following the assault, the two perpetrators reportedly recorded another video, shared on Snapchat, in which they joked about the incident and showed dried blood and injuries on their hands and shoes.
Mark expressed his dismay at the probation sentence, noting that he still experiences headaches and memory issues from the attack. He described Brigham as a danger to society. Mark has been sleeping in parks for three years, using them as one of the few places he could stay overnight and charge his phone.
Mark's past includes working in set construction for Rob Reiner's Lorimar Studios and as an architectural landscaper. A series of personal difficulties and a drunk driving incident approximately 30 years ago led to his homelessness.