A California judge released a burglary suspect in the Bay Area one day before prosecutors say he killed a 68-year-old man in Martinez. The case has put a fresh spotlight on the California judge decision that freed Marcos Iriarte-Valdez before the death of Todd Stewart, a retired resident who had lived on his quiet street for about 40 years.
According to prosecutors, Iriarte-Valdez was already facing burglary charges tied to at least two incidents elsewhere in Contra Costa County when he was ordered released on his own recognizance. He had been on pretrial release in that case when he was arrested Tuesday for allegedly violating a home-detention condition. A judge then released him Wednesday, and prosecutors say Stewart was killed the next day during an attempted burglary. Authorities say Iriarte-Valdez ran from Stewart’s residence after Stewart encountered him in a garage, then stabbed and killed him. He is now being held without bail and is scheduled to appear in court Wednesday.
The Department of Homeland Security said it placed an immigration detainer on Iriarte-Valdez on Saturday, Sept. 23, 2025. In a statement, the department said he faces murder, inflicting corporal injury on spouse, three counts of burglary, receiving known stolen property, trespassing, entering a non-commercial dwelling, loitering, and a conviction for violating a court-ordered protective order. DHS also said he was legally admitted to the United States during the George W. Bush administration but has since been classified as an illegal alien. Fox News Digital sought clarification from the department on that point.
DHS used the case to argue that sanctuary policies are putting the public at risk. The department said sanctuary politicians are placing politics above safety and claimed that criminal illegal aliens are being released from jails and sent back into American communities. A DHS spokesperson also said the safest way to arrest and remove criminal illegal aliens is by lodging arrest detainers, and said Homeland Security Secretary Markwayne Mullin continues to target the worst of the worst.
