Desert Hot Springs man convicted of murder for killing landlord

A Desert Hot Springs man was convicted today of murder for the stabbing death of his landlord.

An Indio jury that heard three days of testimony deliberated 40 minutes before finding Albert Marchain, 29, guilty of first-degree murder for killing 69-year-old Stanislaw Tokarski.

Jurors also found true a sentence-enhancing allegation of using a weapon -- a knife -- in the commission of a murder. Marchain, who remains in custody at the John Benoit Detention Center in Indio, faces up to 56 years to life in state prison.

He is scheduled to be sentenced Aug. 27 at the Larson Justice Center by Riverside County Superior Court Judge Dean Benjamini.

Tokarski was killed on Nov. 12, 2018, inside this apartment at 66940 Hacienda Ave. The victim lived in a separated unit at the back of the property, which he owned, and rented the main house to the defendant's family. Marchain admitted to killing Tokarski both following his arrest and on the stand during his trial, claiming it was an act of self-defense that occurred after the victim first attacked him, not premeditated murder as prosecutors claimed.

He also admitted to using three weapons -- two knives and a box cutter -- prior to fleeing to the desert. He trekked nearly 10 miles into Cathedral City, where he was arrested the next day.

In his closing argument, defense attorney Miguel Valente said his client entered Tokarski's living quarters hoping to retrieve sensitive personal information containing his Social Security number that he feared Tokarski was going to use to force him into a lease agreement. Following a verbal spat, the victim attacked Marchain, his attorney said.

"He yelled at Albert and that scared Albert. Albert turned to leave the residence when he felt something hard hit him on the head, maybe a tool," Valente said. "Albert knew Mr. Tokarski was going to kill him."

During her closing statement, Deputy District Attorney Gypsy Yeager repeatedly pointed out the apparent paradox in the defendant's claim that the killing was committed in self-defense.

The prosecutor noted that Tokarski was 5 feet, 3 inches tall and 125 pounds, while the defendant was 5 feet, 8 inches tall and 200 pounds, and substantially younger.

"Mr. Tokarski died powerless, helpless and alone ... and he couldn't do anything about it," Yeager said.

She alleged the attack stemmed from "disrespect'' that the victim purportedly showed Marchain.

"It was an ego thing. It was a pride thing. It was a respect thing," she said.

According to Yeager, the victim's injuries included stab wounds to both the back and heart, and a slit throat. The quantity and depth of the wounds showed that the defendant was a "cold-blooded killer'' who intended to kill, Yeager said.

"This is like straight up prison-style. It's brutal,'' she said.

In a video of detectives questioning the defendant that was shown to the jurors, Marchain can be heard admitting to being a regular user of methamphetamine and saying he was high during the interview.

After his arrest, Marchain directed detectives to where he hid one of the knives, which was recovered by police, Desert Hot Springs police Detective Christopher Tooth testified. When prodded by Yeager, Marchain admitted he didn't call 911 after the attack, and instead fled the scene as the victim bled to death.

Criminal proceedings were previously suspended when the defendant's attorney raised doubt about his client's ability to assist in his own defense. Marchain underwent a mental health evaluation, and a judge found him mentally competent to stand trial.

Marchain has prior felony convictions in Riverside County for receiving stolen property and battery on a peace officer.