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Judge Gives Probation and County Jail to Men Convicted in Recorded Beating of Sleeping Homeless Man

Prosecutors criticized the sentence after the attack left the victim with a permanent brain injury.

Overview

  • On March 20, 2026 surveillance video shows two Arroyo Grande men approach 68-year-old Douglas Mark while he slept in Elm Street Park and then assault him.
  • Investigators recovered phone records and videos showing one defendant filmed the attack and the pair later laughed, celebrated and shared footage on Snapchat.
  • At a July 13, 2026 court hearing Boaz Winslow Brigham pleaded guilty and Malachy Damien Hayes pleaded no contest to felony elder abuse and both admitted causing great bodily injury.
  • Judge Crystal T. Seiler sentenced each to four years of formal probation, suspended five-year state prison terms, 364 days in county jail and immediate remand to the sheriff’s custody, and ordered a social-media ban with a restitution status hearing set for September 14, 2026.
  • San Luis Obispo prosecutors said they sought up to seven years in state prison and expressed disappointment, while the defendants’ strike admissions mean the convictions count as serious violent felonies under California’s Three Strikes law and could affect future sentences.