Crime Stories with Nancy Grace - CalFire Captain Accused of Killing Girlfriend, Her Son to Prevent Their Testimony | Crime Alert 09.05.25

Episode Date: September 5, 2025

New court documents reveal A California fire captain is accused of killing his girlfriend and her young son — and attempting to kill another child — because they were witnesses to a crime.See omnystudio.com/listener for privacy information.

Crime Alert, hourly update. Breaking Crime News now. I'm Sidney Sumner. A California fire captain accused of killing his girlfriend and her young son in attempting to kill another child entered not guilty pleas in court. Darren McFarlane, 47, is on unpaid administrative leave from Cal Fire after his arrest last week for the murders of 29-year-old Marissa Herzog and her son Josiah, a second grader. He stands charged with two counts of first-degree murder, one count of attempted murder, domestic violence and child abuse charges. Court documents say the murders took place to prevent the victim's 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 21st. Prosecutors say that McFarlane attacked Herzog inside a bedroom before she left the room and used her cell phone. McFarlane then obtained a gun and went out to the dining room to kill her. The arrest affidavit says that Herzog's murder was willful, deliberate, and premeditated, and that she and her son were killed because they witnessed a crime. McFarlane then attempted to kill a second child, identified as Herzog's 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. Josiah was taken to a hospital where he died. McFarlane 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, an intentional discharge of a firearm causing death and child endangerment, making McFarlane eligible for the death penalty if he's convicted. McFarlane is being held without bail and has a preliminary hearing set for September 20,

A Wisconsin man pleaded guilty to reckless homicide in the fatal shooting of his eight-year-old stepson earlier this year while trying to look cool by showing off his guns. Stephen Merkel, 53, is expected to be sentenced on November 20th. Merkel called 911 at about 2 a.m. on January 20th telling detectives he did something stupid. Merkel said he was showing his stepson Michael Meager, his guns, because it made him look cool. He said he had taken the magazine out and assumed the gun wouldn't fire, even though there was a bullet in the chamber, apparently because he was not very knowledgeable about guns. The complaint said that Merkel retrieved his gun from the bedroom and exited, pointing the gun at the boy and pulling the trigger. He said he expected it to click, but instead it went boom.

Meager was taken to a hospital where he died. Merkel also said he had two little drinks of rum in RC that evening, although there was no indication police check, him for intoxication. More crime and justice news after this. An Oklahoma man has been charged with child sexual abuse after his 11-year-old stepdaughter gave birth at home earlier this month. Dustin Walker's wife, 33-year-old Cherie Walker, was charged with enabling child sexual abuse. The girl gave birth at home on August 16th with no medical care, and the Walker's claims they had no idea she was pregnant. Sheree Walker's mother, who identified her, herself only as Michelle, said her daughter claimed the father was a 12-year-old boy and that the

children just got curious. The walkers were initially charged with child neglect when they were arrested last week, but the charges were changed on Monday when DNA test showed that Dustin Walker, 34, was a 99.9% match for the baby's father. Muskegee County Assistant District Attorney Janet Hudson said in a statement, this is one of the most, if not the most serious child sexual abuse and neglect cases I have ever prosecuted. The couple is also charged with six counts of child neglect for the 11-year-old girl and her five siblings, ages two, four, six, seven, and nine. The children who have been removed from the home were found living in deplorable conditions. The 11-year-old had not seen a doctor in more than a year and was apparently homeschooled.

The walkers are due in court on September 3rd. A North Carolina elected official was arrested on Tuesday for allegedly lacing his granddaughter's ice cream with drugs. James Yokely 66 reportedly flagged down Wilmington Police at a Sheets gas station and claimed his granddaughters found two pills in a blizzard they purchased from a nearby Dairy Queen. However, police said surveillance footage showed Yokely putting the pills in the girls' ice cream. The girls did not ingest the pills, which tested positive for MDMA and cocaine. The Dairy Queen's owner said that Yokely came into her store five days before he flagged down officers and ordered blizzards for his granddaughters. Four employees were reportedly on duty at the time. The owner said police came to her establishment

to request surveillance footage, commenting, thank goodness we had video. Yokely was charged with contaminating food or drink with a controlled substance, child abuse, and possession of Schedule I narcotics. Yesterday, he resigned as chair of the Surrey County Board of Elections. He was elected to the position in July. Yokely said in a letter addressed to Auditor Dave Boliak, who called for his resignation hours earlier, based on the truth and facts, I remain prayerfully confident that I will be exonerated of all accusations leveled against me. Yokely's bond was set at $100,000. The pills allegedly found in his granddaughter's blizzards were sent to a state laboratory for further analysis. It's unclear what Yokely's motive was for the frame job. For the latest

crime and justice breaking news, be sure to follow the Crime Alert hourly update on your favorite podcast app. With this crime alert, I'm Sidney Sumner. This is an IHeart podcast.