Shooting
Court Docs: CalFire Captain Accused of Killing Girlfriend, Her Son Did So to Prevent Their Testimony to a Crime
A California fire captain accused of killing his girlfriend and her young son — and attempting to kill another child — entered not guilty pleas in court on Monday.
Darin McFarlin, 47, is on unpaid administrative leave from CalFire, KXTV reported, after his arrest last week for the murders of 29-year-old old Marissa Herzog (previously identified as Marissa Divodi-Lessa) and her son Josiah, a second grader.
He stands charged with two counts of first degree murder, one count of attempted murder, and domestic violence and child abuse charges.
Court documents say the murders took place to prevent the victims’ testimony for a crime, but they do not specifically reveal what that crime was. They do, however, detail what investigators think happened on the evening of August 21.
According to the Sacramento Bee, prosecutors say that McFarlin attacked Herzog inside a “bedroom before she left the room and used her cellphone and before he obtained the gun and went out to the dining room to kill her.” The document says that Herzog’s murder was “willful, deliberate and premeditated” and that she was killed because she witnessed a crime, the Mountain Democrat reports.
Marissa and Josiah/GoFundMe
The boy was also killed because he witnessed a crime, the newspaper said.
McFarlin then attempted to kill a second child, later identified by Herzog’s family as her daughter. The court documents say the killer “did willfully and unlawfully, inflict unjustifiable mental suffering on a child or permit a child to suffer unjustifiable mental suffering under circumstances and conditions likely to produce great bodily harm.”
El Dorado County deputies found Herzog dead at the scene when they arrived, as CrimeOnline reported. The boy was taken to a hospital, where he died. McFarlin had fled the scene and was later arrested several counties away in Mono County.
The El Dorado County District Attorney’s Office added special circumstances to the murder charges — committing multiple murders, murder of a witness to prevent testimony, and intentional discharge of a firearm causing death and child endangerment — making McFarlin eligible for the death penalty if he’s convicted, the Bee reported.
McFarlin is being held without bail and has a preliminary hearing set for September 29.
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[Featured image: Darin McFarlin/El Dorado County Sheriff’s Office]
Here’s what we know so far about the Charlie Kirk murder case, summarized in clear bullet points:
What’s Known About the Charlie Kirk Murder
- When & Where
- Charlie Kirk was shot and killed on September 10, 2025, at approximately 12:20 p.m. Mountain Time during a speaking event at Utah Valley University in Orem, Utah. (Wikipedia)
- Event Details
- The event was the launch of his “American Comeback Tour.” He was at his “Prove Me Wrong” table, responding to questions from students. (Wikipedia)
- A student had just asked about the number of mass shootings by transgender individuals, and Kirk was answering that question when he was shot. (Wikipedia)
- Nature of the Attack
- The shooter fired a single long-range shot, hitting Kirk in the neck. The shot appeared to come from a rooftop nearby (reports put the distance at around 142–200 yards). (Wikipedia)
- Security
- About 3,000 people were present. Security consisted of six university police officers (some in plain clothes) plus Kirk’s private security. Observers have said security was relatively lax—no tickets were required and no metal detectors were used. (Wikipedia)
- Immediate Aftermath
- Two individuals were initially detained as persons of interest but were released after questioning, confirmed not to be the shooter. (Wikipedia)
- The shooter remains at large. Authorities have not released a name or motive yet. (The Washington Post)
- Investigation & Evidence
- The FBI and local law enforcement are leading the investigation. They’ve released photos and video of a person of interest and are asking the public for help. Over 7,000 tips have been received. (The Guardian)
- A $100,000 reward is being offered for information leading to the killer. (Federal Bureau of Investigation)
- A .30-06 caliber bolt-action rifle (Mauser system) was recovered in a nearby wooded area, wrapped in a towel. Forensic evidence such as shoe prints, palm prints, and cartridge casings are being analyzed. (New York Post)
- Legal & Political Response
- Utah authorities announced their intention to pursue the death penalty if the shooter is caught. (CBS News)
- President Trump announced that Charlie Kirk will be posthumously awarded the Presidential Medal of Freedom. (People.com)
- The killing has sparked widespread national outrage, with both sides of the political spectrum condemning the violence—though rhetoric has been sharply divided. (The Guardian)
Summary Table
| Topic | Details |
|---|---|
| Date & Time | Sept 10, 2025, around 12:20 p.m. MT |
| Location | Utah Valley University, Orem, Utah |
| Victim | Charlie Kirk, age 31, conservative activist |
| Attack Type | Long-range shooting from rooftop using a bolt-action rifle |
| Security | Private security + university officers, criticized as minimal |
| Suspect Status | Shooter at large; no confirmed arrests |
| Investigation | FBI leading, released suspect images, offering $100K reward |
| Evidence | Recovery of rifle, forensic evidence collected |
| Legal Actions | Death penalty intended if perpetrator is found |
| Reactions | National outrage; Trump to honor Kirk’s legacy posthumously |