A convicted felon who gunned down a Riverside motel guest after the victim punched him was convicted Wednesday of first-degree murder.
A Riverside jury deliberated less than a day before finding Robert Donald Intong, 48, of Desert Hot Springs guilty of the 2021 slaying of 31-year-old Cole William Birchard of Riverside.
Along with the murder count, jurors convicted Intong of sentence-enhancing gun and great bodily injury allegations.
The prosecution and defense completed closing arguments Tuesday, and Riverside County Superior Court Judge Sam Shouka directed the jury to begin deliberations Wednesday morning at the Riverside Hall of Justice. The panel announced its findings after the lunch hour.
The judge scheduled a sentencing hearing for Aug. 30 and ordered Intong held without bail at the Robert Presley Jail. He had been held on $1 million bail.
According to the prosecution’s trial brief, the defendant, his girlfriend and her young adult daughter were staying at the Motel 6 on the 3600 block of La Sierra Avenue when they met Birchard, who was staying in a room nearby on the first floor.
It was unclear how long they were acquainted.
In the early morning hours of May 17, 2021, Intong and his girlfriend, whose identity wasn’t disclosed, were sharing a cigarette when the victim joined them. The brief said security surveillance video from the establishment showed the three conversing for several minutes, during which the defendant became agitated.
Birchard stepped away and stared at the perimeter wall for “five minutes,” then went to his room. However, he returned 15 minutes later, walking straight toward Intong, whom he punched in the face, the brief said.
The defendant yelled profanities at Birchard, then stepped into his room while his girlfriend stood in the doorway, grabbed a 9mm handgun and took a position behind the woman, firing multiple rounds “over her shoulder,” fatally wounding the victim, according to court papers.
Birchard made no attempt to flee when he saw Intong with the pistol, the prosecution said.
The defendant, his girlfriend and her daughter proceeded to “remove items from their room” at an unhurried pace and load them into the defendant’s Chevy Suburban, walking around the victim’s lifeless body all the while, according to the brief.
The narrative said Intong picked up some of the spent 9mm shell casings near Birchard’s body before climbing into the Yukon and leaving with the women.
Police officers were not summoned to the motel for another 40 minutes, until a clerk spotted the victim’s body and called 911. It was unclear why the gunshots did not wake the other guests and prompt them to call police.
Detectives pulled the security video and observed the recordings, verifying the license plate on the defendant’s vehicle.
Intong and the two women were tracked to the Roadway Inn on Magnolia Avenue around noon the same day, and all were detained for questioning.
The defendant’s girlfriend and her daughter both told investigators that Birchard “had been bothering them and was scary,” turning “aggressive” toward Intong for reasons unclear, the brief stated.
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After Birchard threw the punch, Intong said aloud, “I’m tired of this (expletive)” and grabbed the gun, though the women suggested that he fired in self-defense, according to the brief.
Intong initially denied perpetrating the murder, but after he was shown the video, he “admitted to shooting the victim, saying he ‘just lost it’ (because) the victim was ‘(expletive) with me earlier,’” the narrative said.
He was booked into custody and “wrote an apology letter to the victim’s family,” the brief said.
Intong had prior convictions for possession of controlled substances, felony evading, battery and resisting arrest.
