A California judge released a criminal suspect facing burglary charges on Wednesday, and the next day prosecutors say he murdered a 68-year-old retiree during an attempted break-in at his Martinez home. The Department of Homeland Security had placed an immigration detainer on the suspect and is now demanding California turn him over to federal authorities for removal from the country.

Death Following Release Decision

Marcos Iriarte-Valdez stands accused of fatally stabbing Todd Stewart, who had lived on his quiet Martinez street for approximately four decades. Prosecutors say Iriarte-Valdez attempted to flee after Stewart discovered him inside a garage, then turned and attacked the homeowner with a knife. The Contra Costa County judge had ordered Iriarte-Valdez released on his own recognizance just one day earlier, despite his facing multiple burglary charges from incidents in April involving occupied residences.

At the time of his release, Iriarte-Valdez was already on pretrial release for the April burglary cases. He was arrested Tuesday for allegedly violating home detention conditions, appeared before a judge Wednesday, and was released hours before Stewart’s death Thursday. The Department of Homeland Security had issued an immigration detainer on the suspect in September 2025, requesting notification before any release from custody.

Criminal History and Federal Response

Prosecutors charged Iriarte-Valdez with murder, three counts of burglary, inflicting corporal injury on a spouse, receiving stolen property, trespassing, entering a non-commercial dwelling, and loitering. He also faces a prior conviction for violating a court-ordered protective order. Three special enhancements were added: a circumstance that murder occurred during or immediately after burglary, personal use of a deadly weapon, and committing the offense while released on bail or own recognizance.

The suspect, originally from Venezuela with reported Spanish citizenship, was legally admitted to the United States during the George W. Bush administration but has since been classified as an illegal alien. DHS officials stated that the safest method to arrest and remove criminal illegal aliens involves lodging arrest detainers, but sanctuary policies prevent cooperation with federal immigration enforcement.

Community Impact and Official Statements

A homeowner targeted during the April burglary spree expressed shock at the release decision. The man told a local affiliate that his 83-year-old wife saw Iriarte-Valdez’s reflection and screamed, causing the intruder to flee. He questioned the judge’s discretion but said he could not argue with the decision. DHS issued a strong statement calling on California Governor Gavin Newsom to turn the suspect over to federal authorities rather than release him from jail.

Federal officials emphasized that sanctuary policies prioritize politics over public safety, leading to preventable crimes and innocent victims. The agency noted that seven of the ten safest cities in America cooperate with immigration enforcement. Homeland Security Secretary Markwayne Mullin continues targeting what officials describe as the worst criminal offenders among illegal aliens.