Illegal immigrant charged with fatal stabbing of California retiree one day after judge released him

By 
, August 14, 2026

A 36-year-old Venezuelan illegal immigrant faces murder charges in the fatal stabbing of a 68-year-old retiree outside his Contra Costa County home, less than 24 hours after a California judge released him on his own recognizance.

Marcos Iriarte-Valdez allegedly attacked Todd Stewart during a residential burglary on August 6, stabbing the older man outside his Martinez, California, home in broad daylight. Security camera footage shared by the Department of Homeland Security appears to show Iriarte-Valdez climbing out of an SUV wearing a tactical vest, then wrestling Stewart over a knife in front of his own house. Stewart, a 68-year-old father and retiree, did not survive.

The killing happened one day after a Contra Costa County judge freed Iriarte-Valdez on pretrial release, despite the fact that he was already facing two counts of residential burglary from an April arrest. DHS had placed an immigration detainer on Iriarte-Valdez as far back as September 2025, Fox News reported, but the court released him anyway.

His home detention monitoring equipment had not even been placed on him by the time Stewart was killed, according to the New York Post. The system designed to track him never got the chance to work.

A judge freed him, and a retiree paid the price

Court records show Iriarte-Valdez now faces a felony murder charge with enhancements for killing during a burglary, using a knife, and committing the crime while on conditional release. His bail has been set at over $1 million. He has denied all charges, according to a Contra Costa County statement.

The same judicial officer who presided over Iriarte-Valdez's pretrial release, David E. Goldstein, will serve as the judge on the new murder case. The Daily Caller reported that assignment based on county court records.

MORE:  Ohio man asks Supreme Court to strike down 150-year-old federal ban on distilling liquor at home

Contra Costa County District Attorney Diana Becton told ABC7 Eyewitness News that her office would handle the case aggressively:

"Pursue this case with diligence and integrity to hold Iriarte-Valdez fully accountable under the law for this devastating act of violence."

Becton's pledge of accountability raises an obvious question: why was Iriarte-Valdez free to begin with? He had active burglary charges. He had a federal immigration detainer. And he was released on his own recognizance, meaning no bail, no bond, just a promise to appear in court. That promise lasted less than a day before a man was dead.

This case fits a grim and recurring pattern across the country: an illegal immigrant with a criminal record cycles through a lenient system and commits a far worse crime on the other side.

DHS demands Newsom hand over the suspect

On August 11, DHS posted security camera footage of the attack on social media and issued a pointed demand aimed at California Governor Gavin Newsom:

"This Venezuelan illegal alien STABBED A FATHER TO DEATH in sanctuary California. @CAgovernor must NOT RELEASE this murderer from jail and turn him over to us so we can REMOVE him from our nation."

ICE has placed an immigration detainer on Iriarte-Valdez, identifying him as a Venezuelan national who also holds Spanish citizenship. He has been in the United States since 2007, according to the New York Post. DHS issued a broader statement condemning the policies that led to Stewart's death.

"Sanctuary politicians must stop putting politics above public safety. This type of insanity leads to more crimes and more innocent victims."

A separate DHS statement, reported by Breitbart, went further: "Another innocent American was killed because of California's reckless sanctuary policies. How many more innocent people have to die before Gavin Newsom and sanctuary politicians stop playing games with the safety of Americans?"

MORE:  Maryland hunter charged with manslaughter after fatally shooting Delaware mother he allegedly mistook for a deer

Newsom's office has not publicly responded to DHS's demand, at least not in any of the available reporting. The governor has faced growing pressure over California's sanctuary framework, which limits cooperation between local law enforcement and federal immigration authorities. In this case, DHS says its detainer, filed nearly a year before the killing, was effectively ignored when the court let Iriarte-Valdez walk.

Sen. Markwayne Mullin has met with California families who lost loved ones to crimes committed by illegal immigrants, promising stronger enforcement. Todd Stewart's family now joins that growing list of Americans left to grieve while politicians debate whether to cooperate with federal authorities.

Iriarte-Valdez had a criminal record and a federal detainer, neither stopped his release

The timeline is damning in its simplicity. In April, Iriarte-Valdez was arrested and charged with two counts of residential burglary. At some point after that arrest, he was placed on pretrial release under the supervision of the Contra Costa County court system. DHS filed an immigration detainer on him in September 2025, months before the burglary charges and nearly a year before the killing.

On or about August 5, a judge released him on his own recognizance. On August 6, Todd Stewart confronted a man burglarizing a home and was stabbed to death in front of his own house.

Every layer of the system that was supposed to keep Iriarte-Valdez off the street failed. The federal detainer did not prevent his release. The pending burglary charges did not prevent his release. The pretrial conditions, including home detention monitoring that was never even activated, did not prevent his release. And California's sanctuary policies ensured that the one agency actively trying to remove him from the country, ICE, had no say in the matter.

MORE:  Christa Pike asks for all-female execution team days before Tennessee's first female execution in two centuries

Cases like this are not isolated. An illegal immigrant in Connecticut was recently charged in a DUI crash that killed an off-duty police officer and his girlfriend, another preventable tragedy tied to enforcement failures.

Meanwhile, some Democratic lawmakers have moved in the opposite direction. Legislators in Massachusetts have pushed legislation that would let illegal immigrants sue ICE agents personally, a proposal that would make federal enforcement even harder, not easier.

The political incentives behind sanctuary policies are clear enough. Elected officials in deep-blue jurisdictions face no electoral cost for shielding illegal immigrants from federal authorities. The cost is borne by people like Todd Stewart, residents who expect the justice system to keep dangerous suspects behind bars, and who have no voice in the policy decisions that put them at risk.

Columnists have noted that asking a Democrat to name an American killed by an illegal immigrant tends to produce silence. Todd Stewart's name should not be hard to remember. He was 68 years old, a father, a retiree. He died outside his own front door because a man who should have been in custody, or out of the country, was neither.

When a system ignores a federal detainer, overlooks active felony charges, and releases a suspect without so much as an ankle monitor, that system is not protecting public safety. It is protecting a political position. And Todd Stewart is the one who paid for it.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson