SAN LUIS OBISPO, Calif. — San Luis Obispo County District Attorney Dan Dow and Sheriff Ian Parkinson intervened after learning that two men convicted of attacking an older unhoused man in Arroyo Grande could be released from jail earlier than expected, raising questions about how custody credits and early release provisions are applied after sentencing.
According to an Oct. 23 KSBY report updated Oct. 26, jail records initially indicated that Boaz Winslow Brigham, 21, and Malachy Damien Hayes, 18, could be released in November and December, despite receiving 364-day county jail sentences.
The attack occurred March 20 while Douglas Mark was sleeping in a park gazebo in Arroyo Grande. Prosecutors said the two men attacked Mark without provocation, leaving him with brain damage.
According to KSBY, the defendants recorded portions of the assault on a cellphone, including footage showing them urinating on Mark, laughing and encouraging each other before sharing the recording on Snapchat.
Brigham pleaded guilty, while Hayes pleaded no contest to felony elder abuse and other charges.
San Luis Obispo County Superior Court Judge Crystal Tindell Seiler cited the defendants’ youth and their pleas when imposing sentences that included four years of probation and 364 days in county jail.
Prosecutors had sought seven-year state prison sentences under California’s Three Strikes Law.
Mark contacted KSBY after a victim-witness advocate informed him that the defendants could be released before the end of the year, earlier than he had anticipated.
Initial jail records listed Hayes for release Nov. 4 and Brigham for release Dec. 10.
When KSBY reporter Jessica Roe contacted Dow about the projected dates, the district attorney expressed surprise and contacted Parkinson.
Both officials acknowledged that California law allows qualifying incarcerated individuals to earn custody credits that reduce the amount of time they must serve.
However, they also questioned whether additional discretionary early release provisions were being applied.
Parkinson told KSBY, “I talked to my people and unless it is prescribed by law that they have to be released, there will be no early release from us.”
California law distinguishes between custody credits that individuals earn under applicable statutes and discretionary release authority exercised by jail administrators.
Penal Code Section 4024 permits sheriffs to determine the timing of a person’s discharge on the final day of lawful confinement. It does not independently authorize substantial reductions in a jail sentence.
A separate provision, Penal Code Section 4024.1, allows jail administrators to accelerate release dates under limited circumstances involving overcrowding.
That statute requires authorization from the presiding Superior Court judge and applies when the jail population exceeds its bed capacity.
Under those conditions, qualifying release dates may be accelerated by up to 30 days, but the reduction cannot exceed 10 percent of the original sentence.
The provision also prioritizes incarcerated individuals closest to their normal release dates.
Neither KSBY’s reporting nor the publicly available information establishes whether Section 4024.1 was applied to Brigham or Hayes.
The distinction matters because legally earned custody credits are not equivalent to discretionary early release. Jail officials must calculate applicable credits according to law, regardless of whether prosecutors or victims anticipated a longer period of incarceration.
Following KSBY’s initial reporting, jail records reflected revised release dates for both defendants.
Hayes’ projected release date moved from Nov. 4 to Dec. 4, while Brigham’s moved from Dec. 10 to Jan. 9.
The revisions added approximately 30 days to each defendant’s projected confinement, although the reason for the changes has not been publicly explained.
It remains unclear whether the original dates resulted from a discretionary release policy, a custody-credit calculation or another administrative determination.
Hayes’ defense attorney, Paul M. Phillips, defended the jail’s obligation to follow the law.
“The jail only releases those who have met the terms of their sentences,” Phillips told KSBY.
The San Luis Obispo County Superior Court declined to comment on the case, citing ethical restrictions governing judicial statements about pending proceedings.
A restitution status determination hearing is scheduled for Nov. 9, according to Phillips.
KSBY also reported that Mark has since obtained housing with help from a friend and received financial assistance through an online fundraising campaign.
The dispute highlights the different responsibilities of judges, prosecutors and sheriffs in the criminal justice system.
Judges impose sentences, while correctional officials administer confinement and calculate release dates under applicable statutes. Prosecutors may challenge sentencing decisions or seek clarification, but they do not independently determine when an individual has completed a lawful jail term.
The case also raises questions about the information provided to victims concerning projected release dates, particularly when those dates can change after sentencing.
Although the revised dates indicate that both men are now expected to remain in custody longer than initially reported, the legal basis for the changes remains unresolved.
Without a verified explanation of the original calculations and subsequent revisions, it is not possible to determine whether the earlier projected releases were improper or whether the revised dates reflect a correction in the application of California law.
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