Two young men who beat a homeless man to a pulp in a disturbing video have gotten off easy, according to a leading county official.
Boaz Winslow Brigham,21, and Malachy Damien Hayes, 18, pled guilty to elderly abuse Monday for their violent attack on Douglas Mark, 68, while he slept in a public park’s outdoor picnic area in Arroyo Grande.
The judge sentenced the two young adults to formal probation for four years after about a year in county jail. Both are in custody of the San Luis Obispo County Sheriff.
That punishment was a step down, however, from the maximum seven years in prison sought by Dan Dow, district attorney for San Luis Obispo County. The judge downgraded the request after considering their youth, lack of prior criminal history, and 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 revealed the two young adults walking over to the sleeping man on March 20 in the early hours of 1:30 a.m.
Hayes stood over Mark and urinated on him until he woke. As Mark tried to get up on his feet, Hayes then began punching Mark’s head.
Mark, in an interview with The Post, had initially thought it was 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 joke around about the incident. They focus 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.
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