A California judge released an illegal immigrant on his own recognizance one day before prosecutors alleged he murdered a 68-year-old retiree during an attempted burglary.
Marcos Iriarte-Valdez, a Venezuelan national reportedly holding Spanish citizenship, had been facing burglary charges related to at least two incidents in Contra Costa County and was on pretrial release when he was arrested Tuesday for allegedly violating a home detention condition.
Iriarte-Valdez was released on Wednesday and was accused of killing 68-year-old retiree Todd Stewart the following day after Stewart encountered him in his garage, where prosecutors say Iriarte-Valdez stabbed him.
The Department of Homeland Security (DHS) stated it had placed an immigration detainer on Iriarte-Valdez in September 2025 and called for him to be turned over to federal authorities if released from custody. DHS also criticized sanctuary policies, warning that they result in dangerous criminal illegal immigrants being released into communities rather than transferred to immigration authorities.
Iriarte-Valdez is now being held without bail and faces charges including murder, three counts of burglary, receiving stolen property, trespassing, and violating a protective order.
In a statement, the Department of Homeland Security said: “Sanctuary politicians must stop putting politics above public safety. This type of insanity leads to more crimes and more innocent victims.”
Federal officials have called for greater cooperation between local law enforcement and Immigration and Customs Enforcement (ICE) to prevent such incidents from recurring.