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One Day After Release, Criminal Illegal Alien Allegedly Kills 68-Year-Old California Man

One Day After Release, Criminal Illegal Alien Allegedly Kills 68-Year-Old California Man

Unfortunately, authorities did not fit Iriarte-Valdez with an ankle monitor until Aug. 7, the day after Stewart was killed.

Just one day after Contra Costa County Superior Court Judge Nichelle Holmes released criminal illegal alien Marcos Iriarte-Valdez from jail, he allegedly stabbed a Martinez, California, resident to death during a botched burglary.

Todd Stewart, a 68-year-old retiree, was working in his garage on Aug. 6 when he noticed a burglary in progress at the home next door. Stewart reportedly confronted the burglar, an encounter that ultimately ended with his brutal murder on his own front lawn.

The grisly attack was captured by a neighbor’s surveillance camera.

Iriarte-Valdez, a 36-year-old Venezuelan national, was arrested the following day at his Martinez home.

According to a Department of Homeland Security statement, Iriarte-Valdez was charged with suspicion of murder. The statement listed additional charges against him: “inflicting corporal injury on spouse, three counts of burglary, receiving known stolen property, trespassing, entering non-commercial dwelling, loitering, as well as convicted of violation of court ordered protective order.”

The New York Post reported that Iriarte-Valdez has a lengthy rap sheet that includes an October 2025 arrest “for a DUI and a hit-and-run causing property damage.”

According to Fox News:

Marcos Iriarte-Valdez had a prior criminal record and was facing burglary charges stemming from at least two incidents elsewhere in Contra Costa County, just east of San Francisco, when a judge in the Democratic-majority county ordered him released.

The Department of Homeland Security told Fox News Digital it placed an immigration detainer on Iriarte-Valdez Sept. 23, 2025. The DHS said that Valdez was from Venezuela with citizenship in Spain.

The suspect was arrested in April for two home burglaries that occurred in Orinda. He was on pretrial release for those crimes and placed on home monitoring.

Iriarte-Valdez was arrested on Aug. 4 for “allegedly violating the terms of his home detention monitoring as it pertains to the Orinda case.”

On Aug. 5, he was released by Judge Holmes on his own recognizance and referred back to home detention monitoring.

Unfortunately, as Martinez Police Chief Andrew White told the Post, authorities did not fit Iriarte-Valdez with an ankle monitor until Aug. 7, the day after Stewart was killed. So, without the monitor in place on Aug. 6, he was free to go wherever he pleased and do whatever he wanted to do.

He was arrested at his home on the evening of Aug. 7.

White said police were able to identify the suspect using surveillance footage and automated license-plate recognition technology. “Simultaneously,” he said, “we were receiving tips from the community from people who recognized the vehicle.”

Neighbors were understandably shaken by the murder.

“I’m still processing because I still expect to see him over the fence,” neighbor Galina Pasternak told KTVU. “It’s nowhere as bad as his family, because they lost their father, his wife lost her husband. They finally were spending more time together because they were retired. They were traveling.”

DHS issued a statement demanding that Gov. Gavin Newsom turn the suspect over to federal authorities.

California’s sanctuary-state law bars local police from honoring ICE detainers.

Todd Stewart’s needless death is a tragic consequence of sanctuary city and state policies — and he is far from the only victim whose life might have been spared had these misguided laws not prevented immigration authorities from intervening.

Nor was Stewart’s death a random tragedy. Iriarte-Valdez had a lengthy criminal record, was facing burglary and other charges, had allegedly violated the terms of his home detention, and was already the subject of an immigration detainer. Yet he was not turned over to federal immigration authorities. Instead, he was released from jail because of California’s sanctuary policies.

And one day later, Stewart was dead.

That is the terrible human cost of policies that repeatedly put the interests of criminal illegal aliens ahead of public safety. Stewart’s family will live with that cost forever. And sadly, theirs is far from the first American family to discover just how deadly those consequences can be.

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Comments


 
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Whitewall | August 14, 2026 at 8:32 am

To put America right again it is going to require what I can’t put in print, can’t do anymore and should not even think about any more.


     
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    MAJack in reply to Whitewall. | August 14, 2026 at 9:53 am

    Paging Charles Bronson, your services are required. Please pick up the red phone.


     
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    patchman2076 in reply to Whitewall. | August 14, 2026 at 10:00 am

    Years ago I asked my stepfather what Vietnam was like before the war started and he told me everything great.
    The country was moving forward.
    Then he said one day he started to hear grumbling from a few groups that wanted the French out of the country.
    He started hearing about this thing called communism.
    He couldn’t understand it because the French had brought a lot of culture and money to Vietnam.
    All of a sudden he said they were in a full blown war.
    Before he passed away he said he sees the same thing here in the US.
    When it happens who can tell.
    All I know is it’s going to be bloody and brutal.
    How sad.


 
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 14
Peter Moss | August 14, 2026 at 8:32 am

“Stewart’s family will live with that cost forever.”

That’s nothing compared to the burden felt by Judge Nichelle Holmes.

Oh, who am I kidding? She’ll pay no price whatsoever for injecting her woke politics into her jurisprudence (such as it is).

I’m quite certain that she will release criminals into community today just as she did the day she released Iriarte-Valdez.

Stewart paid the price for attempting to protect the property of his neighbor from someone who should never have been in his neighborhood if not for California’s lawlessness.

The veneer of civilization is far thinner than anyone realizes. Do not be shocked when people begin taking things into their own hands. Ankle monitors will not be necessary, but shovels will be.


 
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guyjones | August 14, 2026 at 9:04 am

Vote Dhimmi-crat — the pro-death party.


 
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NavyMustang | August 14, 2026 at 9:04 am

Mr Stewart, please rest in peace. I just wish he had done this differently.

Never ever confront a burglar. Call 911 even if they don’t show up in time. Property can be replaced. Your life can’t.

There was a damn good reason why we cops always had our pistols drawn when we cleared a house suspected of being a burglary in progress. At a minimum, a burglar will use physical force to try to get away, all the way up to firearms.

Even if you have a firearm (and the training necessary to use it effectively), don’t do it. It’s a burglary. No life is at stake. Even if you come out on top, you will regret doing it just because of the painful process, legally and financially, you have to go through to prove your innocence.

Living in Nevada, I had to go through a CCW class which included range time. There were a significant number of people who scared the hell out of me. They were clueless…and they were renewing their CCWs! Just because you go through minimal training like this does not make you Rambo. I’m a big believer in the 2nd Amendment. But you also need to be adequately trained.

I know I’m preaching to the choir, but it just needed to be said.


     
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    texansamurai in reply to NavyMustang. | August 14, 2026 at 9:48 am

    There were a significant number of people who scared the hell out of me. They were clueless…and they were renewing their CCWs! Just because you go through minimal training like this does not make you Rambo.
    __________________________________________________________________

    amen and thank you–one of the more important things have ever heard from a civilian instructor was the caveat: ” there are many people who will draw a firearm when they shouldn’t or they will draw and use it improperly in the rare instances when they should. we’re going to teach you not to be one of them. ”

    we have open carry here and know what you mean viz scare the hell out of you–sobering indeed–am still uncomfortable with the public’s apparent willingness to leap / escalate to the use of lethal force when it’s not required


       
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      NavyMustang in reply to texansamurai. | August 14, 2026 at 10:25 am

      I remember the case in Florida during which a guy chastised a woman who was parked illegally in a Handicap space. Boyfriend came out of a store, girlfriend whined to him, and BIG boyfriend shoved this guy HARD to the ground. Boyfriend just stood there not moving, our man with a pistol was on his knees, pointing his firearm at the boyfriend…and he shot him. The boyfriend made no move to close on the shooter.

      I commented on the blog this video was on that the shooter was headed to prison. The reaction was immediate and very intense, telling me for all intents and purposes that I was full of it, etc.

      Not happy that I was right,..but I was right. Shooter is in prison now. And there are plenty of stories out there like this and people who support them without knowing the law. They incorrectly analyze good shoots and bad shoots all the time. Most the bad shoots. If they did what they said, they would be in the slammer along with the actual shooter.


         
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        CommoChief in reply to NavyMustang. | August 15, 2026 at 1:19 pm

        That one was a borderline to bad shoot situation in that there was a pause by the shooter. That pause was crucial in separating the incident into distinct situations and in the second situation he didn’t retain self defense b/c there wasn’t an immediate danger. The pause ‘reset’ the situation.

        IMO had he instead made a single, draw, point/aim shoot as single fluid motion he’d have had a much better set of facts. Might have saved him from prison. I would add that someone with a diagnosed condition such as TBI would be more susceptible to ‘death and/or great bodily injury’ from a hard shove if their head hits something or even a fist, foot, object used to hit their head and might be prone to reject arguments it was ‘just a X, not a high risk’ b/c for them it is high risk.

        Otherwise I absolutely agree. Far too many people seem to believe that buying a tricked out $2000 pistol and getting a CCW = competence. The best gear doesn’t make one competent , but training will when done correctly and consistently.


     
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    Andy in reply to NavyMustang. | August 14, 2026 at 10:06 am

    I noticed the same in TN.


 
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CommoChief | August 14, 2026 at 9:10 am

This is the sort of example that highlights why there’s gotta be hard limits on Judicial discretion. The guy was already on home detention from a prior arrest, violated it, was arrested, went in front of this Judge and instead of dropping the hammer on him by ordering confinement in jail…he just shrugs and sets him loose to go home and resume the home detention he had just proven he’d violate whenever he wanted.

Changes I’d like to see:
1. A simple one chance rule for a leniency.
2. No more ‘probation’.
3. All sentences are for the Maximum term with any time not ordered confined as ‘suspended’.
4. Immediate lock up for violating terms of release on pretrial release or probation. Mandatory. No discretion.

What we’d have is a much more sensible system that still retained ability to offer some leniency when it makes sense coupled with immediate and mandatory end to that leniency when terms violated. So if the crime had range of 2-20 and Joe got.sentenced to 10 years in prison the remaining ten years of the maximum range would be suspended. If Joe.kept his nose clean in prison and was released after serving 10 in prison he’s still got 10 years hanging over him as a.suspended sentence. If he violates terms of his release he goes to prison to.serve the remaining ten years at any point during the remainder of his suspended sentence, yes including at one minute before midnight on the final day of that suspended sentence he’d go back to prison for 10 years plus any time for additional conviction on the new crime.


     
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    Peter Moss in reply to CommoChief. | August 14, 2026 at 9:18 am

    While I wholeheartedly support reforms such as the ones outlined in your excellent comment, wouldn’t it be a whole lot easier to build gallows in front of the courthouse?

    Hangings should be public events so that everyone knows the rules and the consequences of not following the rules.

    For instance, imagine this conversation between father and son on hanging day in the town square:

    SON: Why’d they hang Mr. Brown?
    DAD: Mr. Brown was robbing Mrs. Smith’s house and killed Mr. Jones who tried to stop him.

    (Son looks at Mr. Brown’s corpse, twisting in the wind the end of a rope beneath the gallows)

    SON: I don’t think I’m going to rob or kill anyone. That looks painful.

      Your solution is a bit over the top for me.

      However, I see the point of getting the public’s attention is a good thing.

      A better approach is to change the entire enforcement/punishment system, so that everyone knows from then on, it will be very hard to be bonded out and, when found guilty, you will be punished severely.


         
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        JG in reply to ParkRidgeIL. | August 14, 2026 at 12:18 pm

        As a California native now living on the east coast the crime issues in California were solved once decades ago with “Three Strikes Your Out,” Once a criminal did any third felony it took all away from Judges and Parole Committees, which sealed them into prison for life.

        The Law was not perfect as various felonies over time affected some criminals that had not done many things for many years. The thing is it dropped crime in California by quite a lot. The criminals that had two felonies knew that being in the state was not good for them so they moved. Unfortunately the Left got the Law removed and with Left Judges there are more crimes, more deaths, and less criminals in prison.


       
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      CommoChief in reply to Peter Moss. | August 14, 2026 at 12:15 pm

      For capital crimes a public hanging in front of the Courthouse every Tuesday and Thursday seems very fair, very desirable to serve as a vivid deterrent. Why every Tuesday/Thursday? B/C the list of capital offenses should be expanded to include any sexual acts against a minor child, every form of murder (not manslaughter) including as an accessory for driver sitting in the getaway car if the robbery goes wrong and someone dies (including where a store clerk/homeowner kills the robber), all evidence based forcible rape (not a no evidence he said/she said). Violent crimes v elderly or infirm should be 25 to life with the length determined by severity of victim injuries.

      Appoint an experienced, competent criminal defense Attorney in every case as lead or co counsel One opportunity for pretrial motions. Grant immediate appeal opportunity for defense to raise any/all post trial issues in one shot. Appeal to be briefed within 60 days, replies due in 30 days, arguments heard within 60 days of that. So at 150 days all.we’re awaiting is ruling and that’s due NLT 30 days. Then an immediate appeal to State Supreme Court or SCOTUS depending on state v federal charges. If they hear it great if they refuse tough cookies. The next Tuesday or Thursday after rejection of cert or adverse ruling the sentence gets carried out. No more extended process. Everyone gets effective counsel at trial and an automatic appeal opportunity to make their case which is totally necessary but that’s the one bite at the apple assuming cert isn’t granted.


 
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smalltownoklahoman | August 14, 2026 at 9:24 am

This is a piece of shit who should have been occupying a cell up to the point where we sent him back to his home country. Now he may be occupying a cell until the end of his life at taxpayer expense.

The role of “Judge” has become moronic.


 
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Treguard | August 14, 2026 at 10:37 am

I am beyond sick.

I want to see every California official under Federal arrest for conspiracy to harbor fugitives.

And the communist Democrats want open borders…
Lord shed your grace on those who love the country and want to protect it.


 
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E Howard Hunt | August 14, 2026 at 11:11 am

She set him as free as her cleavage.


 
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ztakddot | August 14, 2026 at 12:24 pm

This judge will face no consequences for her stupidity. None whatsoever. She probably doesn’t think she did anything wrong. There is no feedback in the system to correct wrong action and until there is stupid judges will continue to make stupid decisions.


 
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henrybowman | August 14, 2026 at 12:49 pm

And there’s plenty of blame to go around besides the judge…

“authorities did not fit Iriarte-Valdez with an ankle monitor until Aug. 7, the day after Stewart was killed. So, without the monitor in place on Aug. 6, he was free to go wherever he pleased and do whatever he wanted to do.”

Fifth graders could explain to you the fatal consequences of this… and unlike the cops, they could explain it to you BEFORE it happened.


 
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ztakddot | August 14, 2026 at 1:27 pm

The compensation for this judicial position is a nice 240K as of 2024.


 
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nordic prince | August 14, 2026 at 3:18 pm

That is no judge – she’s an activist.

Problem is the judge is protected from being punished for bad / stupid calls – like releasing OOR folks who have already demonstrated probation is just a joke to them. The only possible recourse is recall or losing the next election. – and in a 1-Party (D) state either’s not gonna happen.

The problem BEHIND the problem is a state or other jurisdiction ignoring federal ICE detainer hold orders on arrested illegals. Not sure what legal recourse can address that – but at the least going tit-for-tat on appropriate cutting off federal funds to any jurisdiction that flat-out ignores federal laws.
Now OC other (D) judges will try to stop that – but the attempt should be made even if it’ll take years to work its way thru the judiciary. Not a lawyer but would another avenue of attack be a class action suit against jurisdictions (if not the individuals) for the families of folks murdered by illegals a jurisdiction should have detained – but didn’t?


 
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amatuerwrangler | August 16, 2026 at 11:11 am

Regarding self-defense. Attorney Andrew Branca, known by many for his excellent coverage of the George Zimmerman trial here on LI, He is GIVING AWAY copies of his book “The Law of Self-Defense” (you pay the shipping) at his website lawofselfdefense.com. Go to the site and click on the tab for free-book.

Branca’s theme: “You carry a gun to make yourself hard to kill, know the law to make yourself hard to convict”.

He also posts self-defense related things on YouTube and Rumble.

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