Violent Elder Abuse Attack on Sleeping Homeless Man in Arroyo Grande Park
Author: District Attorney
Date: 7/15/2026 10:12 AM
District Attorney Dan Dow announced today that Boaz Winslow Brigham and Malachy Damien Hayes, both residents of Arroyo Grande, were sentenced for the brutal and unprovoked attack on a sleeping homeless man in the middle of the night in March 2026.
Boaz Winslow Brigham (21) and Malachy Damien Hayes (18) were sentenced on July 13, 2026, in San Luis Obispo County Superior Court after each admitted to violently attacking an elderly, homeless man as he slept in a public park in Arroyo Grande. Brigham pleaded guilty and Hayes pleaded no contest to felony elder abuse, and each admitted a great-bodily-injury enhancement and multiple aggravating factors. The enhancement makes the crime a serious and violent felony - a strike - under California's Three Strikes law.
The shocking crime 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. According to police reports and surveillance video reviewed during the investigation, at approximately 1:30 a.m. on March 20, 2026, Hayes and Brigham walked together to Elm Street Park, where the victim, Douglas Mark, was asleep in the park gazebo.
Surveillance footage showed Hayes approach Mr. Mark as he slept, stand over him, and urinate on him until Mr. Mark awoke. Mr. Mark told officers he was roused by 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.
The force of the beating was such that Hayes' shoe flew off his foot as he kicked Mr. Mark in the head; Hayes paused to retrieve and put the shoe back on before returning to kick Mr. Mark in the head again. Brigham also returned to kick Mr. Mark in the head a second time. Officers later observed what appeared to be dried blood on Hayes' shoe and knuckles, as well as swelling consistent with a hematoma on Brigham's hand, injuries consistent with repeatedly striking the victim.
Records recovered from the defendants' phones 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.
The San Luis Obispo County District Attorney's Office argued for the maximum sentence available under California law: seven 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 one year in County Jail rather than a state prison commitment.
Judge Crystal T. Seiler considered the arguments of counsel, the Probation Department's reports, letters submitted on the defendants' behalf, and the victim's statement to the court before ruling.
The Court 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.
The Court suspended the five-year state prison sentence for each defendant – a two-year base term on the elder abuse count plus a consecutive three-year enhancement – and instead placed both defendants on formal probation for four years, conditioned on serving 364 days in County Jail. The defendants were immediately remanded to the custody of the San Luis Obispo County Sheriff to begin their jail sentence.
As a special condition of probation, both defendants are barred from using any social media platform, including Facebook, Instagram, X (Twitter), Snapchat, and Reddit, for the full four-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.
At sentencing, the victim addressed the Court directly. According to the District Attorney's office, he told the Court, “For this to be considered probation is outrageous ... my eyes were filled of blood, [I] get headaches ... 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 also said of the defendants, “They are devoid of any conscience,” and described watching video of the attack for the first time while in Court at the sentencing hearing as “hard to believe.”
District Attorney Dan Dow issued the following statement:
"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.”
Restitution to the victim remains pending; a Restitution Status Determination hearing is scheduled for both defendants on September 14, 2026, in Department 9.
This case was investigated by the Arroyo Grande Police Department. The case was prosecuted by Deputy District Attorney Julie Antos. Victim Witness services have been provided by Victim Advocate Tristan Milledge and Witness Coordinator Eloiza Basinger.
Here is a copy of Boaz Brigham’s booking photo and his charging document.Here is a copy of Malachy Damien Hayes’ booking photo and his charging document.
Please contact Assistant District Attorney Eric J. Dobroth at 805.781.5819 with any questions.
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