Men who urinated on, attacked homless man in Arroyo Grande sentenced

A senior county prosecutor says two young men shown in a deeply troubling video brutally attacking a homeless man received a sentence far lighter than the crime warranted.

Boaz Winslow Brigham, 21, and Malachy Damien Hayes, 18, pleaded guilty Monday to elder abuse in connection with the violent assault on 68-year-old Douglas Mark, who was sleeping in an outdoor picnic area at a public park in Arroyo Grande.

After spending roughly a year in county jail, both defendants were sentenced to four years of formal probation. Brigham and Hayes remain in the custody of the San Luis Obispo County Sheriff.

The outcome fell short of what San Luis Obispo County District Attorney Dan Dow had requested. Prosecutors had pushed for the maximum sentence of seven years in prison, but the judge opted for a lesser penalty after weighing the defendants’ ages, their lack of prior criminal records and their decision to plead guilty.

“It’s one of the most shocking cases I’ve ever had,” Dow told The California Post. “We were pretty disappointed that the judge did not sentence to prison like we asked.”

Surveillance footage from the early morning of March 20 showed the two young men approaching Mark as he slept around 1:30 a.m.

According to the video, Hayes stood over Mark and urinated on him, causing the sleeping man to wake up. As Mark attempted to rise, Hayes began striking him in the head.

In an interview with The Post, Mark said he first believed the sensation was water from sprinklers.

Mark had been sleeping in parks for three years because they were one of the few places where he could stay overnight and charge his phone.

“It just makes my blood boil when I think about it because it’s so demoralizing,” he said on the urination. “I can’t even — I get so mad I can’t even think.”

Brigham soon joined in on the pummeling, both punching and kicking Mark in the head, face and body while he lay on the ground.

Mark said he tried to lunge at their feet but one of them stepped back and grabbed him by the hair.

Brigham meanwhile video-recorded the assault, including the urination, on his cell phone.

“R. Kelly,” the recorder shouted during the incident, referring to the infamous hip-hop artist who was accused of peeing on young women. “I just pulled a R. Kelly, pissed on a homeless N—-,” bragged Brigham.

At one point in the video, Hayes kicked so hard his shoe flew off, the district attorney’s office said.

Mark said he later ended up being unconscious and called the police when he woke back up. “They left me for dead basically,” he told The Post.

He suffered broken ribs, stiches and a heavy concussion from the encounter.

The perpetrators later recorded another video to Snapchat at another location where they joked around about the incident. They focused the video on some of the dried blood and injuries on their hands and shoes from hitting Mark so hard.

Mark said he’s upset that the two men only got probation instead of prison time. He still suffers headaches and memory issues resulting from the beating, he claimed.

“This kid is a danger. I’m gonna let him have it with all I’m able to legally, because he’s a danger to society,” Mark said.

He has a roof over his head for now thanks to the kindness of a park employee, the homeless man said.

Mark helped build sets for Rob Reiner’s Lorimar Studios earlier in his life, and worked as an architectural landscaper. A series of family problems and a drunk driving incident about 30 years ago led him to the streets, he said.


Download The California Post App, follow us on social, and subscribe to our newsletters

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like

Harrowing details confirmed by coroner after dad threw his two kids from parking garage

Coroner Confirms Details After Dad Throws Two Kids From Parking Garage

The two young children who were pushed from a Pennsylvania parking garage…
MICHAEL RUIZ: Video shows polling place attack on Turning Point member; poet arrested

Poet Michael Ruiz Arrested After Video Shows Attack on TPUSA Member

New Hampshire police arrested a 70-year-old poet accused of slapping a Turning…
Pete Ricketts wins Nebraska Senate race, making Dan Osborn two-time loser

Pete Ricketts Wins Nebraska Senate Race, Defeats Dan Osborn

WASHINGTON — Sen. Pete Ricketts (R-Neb.) secured a full six-year Senate term…
Suspect, victim dead after SWAT responds to 'active threat' at office complex near Tampa, Florida

Suspect and Victim Dead After SWAT Responds to Active Threat Near Tampa, Florida

A suspect died after authorities responded to an active shooter report at…
Oakland Coliseum operator cuts 1,600 jobs amid sale of historic stadium

Oakland Coliseum Operator Cuts 1,600 Jobs as Historic Stadium Sale Moves Forward

Legends Global, the company operating Oakland Coliseum and Oakland Arena, is preparing…
Helicopter crash near Miami leaves at least two injured: report

Helicopter Crash Near Miami Leaves at Least Two Injured, Report Says

A helicopter crashed into the waters off Miami on Wednesday, injuring at…
Thune: GOP Will Not Watch Dems Unwind Accomplishments of Senate

Thune: Senate Republicans Won’t Let Democrats Undo GOP Accomplishments

Senate Majority Leader John Thune (R-S.D.) vowed that Senate Republicans would not…
Indiana man arrested for trying to wash child's mouth out with soap after kid cursed at him

Indiana man arrested after allegedly washing child’s mouth with soap for cursing

An Indiana man was arrested after allegedly trying to punish a 7-year-old…
Bend school district honors slain teacher, praises staff member's courage during attack: ‘Forever grateful’

911 Call Captures Oregon Dad’s Bravery Before He Stopped Elementary School Gunman

Newly released 911 audio captures the moment an Oregon father charged into…
US to withdraw $4B in Israel aid, as Trump weighs next move in Iran war

Trump Weighs Iran War Move as US Pulls $4B in Israel Aid

WASHINGTON — The United States has spent months preparing to reduce nearly…
Serial killer Rex Heuermann's daughter dismissed from jury duty for being 'a distraction'

Rex Heuermann’s Daughter Dismissed From Jury Duty as ‘Distraction’

Rex Heuermann’s daughter was excused from a Long Island jury pool after…
Mississippi Senate race still a toss-up, with margin of under 100 votes

Mississippi Senate Race Remains Toss-Up With Fewer Than 100 Votes

Washington — The Senate midterm race in deeply conservative Mississippi remained undecided…