SAN LUIS OBISPO COUNTY, Calif. (FOX26) — Two Central Coast men avoided prison after admitting to a brutal attack on a sleeping, elderly homeless man in Arroyo Grande.

21-year-old Boaz Winslow Brigham and 18-year-old Malachy Damien Hayes were sentenced July 13 after pleading guilty or no contest to felony elder abuse with great bodily injury.

Prosecutors say surveillance video showed Hayes urinating on the victim as he slept before both men repeatedly punched and kicked him in the head and body while Brigham recorded the attack on his phone.

Investigators say the pair laughed, high-fived, and later shared the video on Snapchat.

The victim suffered a permanent brain injury.

Prosecutors asked for the maximum seven-year prison sentence, but a judge instead suspended five-year prison terms and sentenced both men to four years of probation and 364 days in county jail.

They're also banned from using social media during probation.

The victim called the sentence "outrageous," telling the court the attack left him with lasting brain damage. District Attorney Dan Dow said his office was disappointed prison wasn't ordered but respects the court's decision.

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.”

https://kmph.com/news/local/probation-in-brutal-beating-of-sleeping-homeless-man-left-with-brain-injury-arroyo-grande-boaz-winslow-brigham-malachy-damien-hayes-district-attorney-dan-dow