Todd Stewart
A California judge is under intense scrutiny after ordering the pretrial release of an illegal migrant just 24 hours before the suspect allegedly murdered a 68-year-old father of two during a residential burglary Screenshot From Blue Lives Matter/Facebook

A California judge ordered the pretrial release of an illegal migrant facing multiple burglary charges just one day before he allegedly murdered a 68-year-old man in Contra Costa County, prosecutors have said.

Marcos Iriarte-Valdez was freed on his own recognisance on Wednesday, then was accused of fatally stabbing retiree Todd Stewart during an attempted break-in at the victim's Martinez home the following afternoon, according to charging documents.

The decision to grant pretrial release has prompted statements from federal officials on local judicial practices. Stewart had lived on a quiet residential street in Martinez for four decades before the fatal encounter in his garage.

Pretrial Release, Earlier Burglaries and Immigration Detainer

The recent case unfolded after Contra Costa prosecutors originally charged Iriarte-Valdez in connection with a series of burglaries at occupied residences earlier in April.

The suspect was already on pretrial release for those offences when law enforcement arrested him on Tuesday for an alleged violation of his home detention conditions. Despite this violation, a judge ordered his release the next day.

The Department of Homeland Security confirmed it placed an immigration detainer on the suspect on 23 September 2025.

Federal authorities noted that Iriarte-Valdez originally entered the United States legally during the George W. Bush administration but was subsequently reclassified as an illegal alien. He reportedly holds Spanish citizenship alongside his Venezuelan origins.

He currently faces a range of serious charges. According to a federal statement, he faces counts of murder, inflicting corporal injury on a spouse, three counts of burglary, receiving known stolen property, trespassing, entering a non-commercial dwelling and loitering.

He was also previously convicted of violating a court-ordered protective order. Prosecutors applied three enhancements to the current murder charge, including the personal use of a knife, committing the offence while on bail and a special circumstance that the killing occurred during a burglary.

Political Clash Over Sanctuary Policies and Local Courts

The timeline of the suspect passing from local custody to a murder scene within 24 hours drew criticism from federal immigration enforcement.

A spokesperson for the Department of Homeland Security stated: 'Because sanctuary cities refuse to work with ICE law enforcement, criminal illegal aliens are released from jails into American communities to perpetuate more crimes.'

They added that seven of the top ten safest cities in the United States cooperate with their enforcement teams. The department later took to social media, demanding the state turn the suspect over for removal.

State officials rejected the federal criticism, pointing the finger back at Washington. Diana Crofts-Pelayo, the chief deputy director of communications for Democratic Governor Gavin Newsom, insisted that California takes public safety seriously and does not prevent federal authorities from enforcing immigration laws.

She noted the federal government possesses billions of dollars and substantial resources to enforce federal law, suggesting agents do their job instead of blaming California for local enforcement failures.

Confrontation in Garage of Longtime Home

Court documents indicate that Stewart confronted an intruder inside his garage on the street he had called home for forty years.

Prosecutors said the suspect attempted to flee the property before turning back, stabbing the 68-year-old before fleeing the scene.

Iriarte-Valdez is being held without bail following his formal arraignment. He pleaded not guilty to all charges on Wednesday, with his next court appearance scheduled for 1 September.