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Fired Fire Captain Pleads Guilty to Killing Girlfriend, Her Young Son

A former California wildfire agency captain admits to murdering his girlfriend and her second-grade son in a premeditated attack.

Darin McFarlin, a former captain with California's wildfire management agency, pleaded guilty to murdering his girlfriend and her young son in El Dorado County last year, according to court records.

Background

On August 21, McFarlin attacked 29-year-old Marissa Herzog inside a bedroom before she could leave the room and use her cellphone, prosecutors said in court documents. After obtaining a gun, McFarlin went to the dining room where he killed Herzog and her son, Josiah Divodi-Lessa, who was in second grade.

Herzog was found dead at the scene. Josiah died at a hospital after being transported from the home. McFarlin also attempted to kill Herzog's daughter, who was present in the home, but was unsuccessful.

McFarlin was fired from his position with the California Department of Forestry and Fire Protection (Cal Fire) after his arrest, according to the Sacramento Bee.

The Charges

McFarlin pleaded guilty to two counts of first-degree murder with special circumstances, attempted murder, child abuse, intentional discharge of a firearm causing great bodily injury, and corporal injury to a cohabitant, according to Law&Crime.

Prosecutors had indicated McFarlin faced death or life without parole due to special circumstances added because both victims were witnesses to a crime. Details about that underlying crime have not been released, although investigators believe the boy may have been killed because he witnessed his mother's murder.

Key Takeaways

- Darin McFarlin was a former captain with Cal Fire, California's wildfire management agency

- Victims were 29-year-old Marissa Herzog and her son Josiah Divodi-Lessa, a second-grader

- The murder was described as willful, deliberate and premeditated in court documents

- McFarlin also attempted to kill Herzog's daughter but was unsuccessful

- Prosecutors had sought the death penalty or life without parole due to special circumstances

What's Next

McFarlin is scheduled for sentencing on April 13 in El Dorado County Superior Court. The plea deal could result in life imprisonment with the possibility of parole, depending on the terms accepted by the court.

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