Cal Fire captain accused of killing girlfriend and her child appears in court
A Cal Fire captain accused of killing his girlfriend and her son in a Cameron Park home last month made a brief appearance in El Dorado Superior Court in Placerville on Monday, as family members and friends of victim Marissa Herzog looked on, some weeping.
Darin McFarlin, 47, is accused of physically attacking Herzog in a bedroom and then shooting her after she fled from him into the home’s dining room to use her cellphone, according to the criminal complaint. He also shot her son, Josiah, killing him, and abused and endangered her daughter, the complaint said. Herzog was 29 years old when she was killed. A GoFundMe account set up for the family identified Herzog’s daughter as Serafina.
McFarlin, who could face the death penalty if convicted in the case, appeared briefly in court wearing a red jail shirt with a white tee shirt underneath, his hands shackled in front of his body and a chain around his waist.
He was arraigned on Aug. 25 and charged with three counts of murder, one count of severe child abuse and one count of spousal abuse. He was also charged with committing murder against a victim who was a witness to a crime. Prosecutors alleged several special circumstances in the case, including premeditation, commission of multiple murders, murder with a firearm and murder to prevent testimony.
After the shootings, McFarlin fled to Mono County, where sheriff’s deputies arrested him.
He pleaded not guilty to the charges, records show. He is being held without bail at the El Dorado County jail, records show.
After his arrest, the California Department of Forestry and Fire Protection said in a statement that he had been placed on unpaid administrative leave. Records show that he has been employed by the department since 2000, previous Bee reporting said.
On Monday, Judge Mark Ralphs set Dec. 8 as the date of another hearing, at which time prosecutors may bring additional charges, or the court will set dates for a preliminary hearing and trial.
El Dorado Chief Assistant District Attorney Lisette Suder, who is prosecuting the case against McFarlin, said in court that her office was responding to a large request from McFarlin’s public defender, Tim Pappas, for evidence gathered during the investigation.
After the hearing, Suder met outside with the victims’ family and supporters, explaining the court process. Because of the gravity of the charges against McFarlin, It could be a year or more before he goes to trial, she said.
A GoFundMe campaign launched by friends and family of Herzog, also known as Marissa Divodi-Lessa, had raised nearly $54,000 for funeral expenses and the care of Serafina by Monday.
