A California judge released an illegal immigrant on his own recognizance one day before prosecutors say he fatally stabbed a 68-year-old retiree during an attempted burglary in Martinez.

Marcos Iriarte-Valdez, 36, was charged with murder and multiple other felonies after the attack on Todd Stewart outside the victim's home. Prosecutors added enhancements for committing the crime during a burglary, using a deadly weapon, and while on pretrial release.

Iriarte-Valdez had been in custody on burglary charges from earlier incidents in Contra Costa County when the judge ordered his release Wednesday. He had a prior criminal record and was already on pretrial release in a separate burglary case involving occupied residences. The Department of Homeland Security had lodged an immigration detainer on him in September 2025.

DHS confirmed Iriarte-Valdez is from Venezuela and holds Spanish citizenship. He was legally admitted to the United States during the George W. Bush administration but later classified as an illegal alien. The department called on Governor Gavin Newsom to turn the suspect over to federal authorities for removal.

Stewart had lived on the quiet street for about 40 years. Investigators used automated license plate recognition and community tips to identify and arrest Iriarte-Valdez.

A homeowner previously targeted by Iriarte-Valdez in April expressed surprise at the release decision. Iriarte-Valdez pleaded not guilty to the new charges and is being held without bail. His next court appearance is scheduled for September 1.

DHS has criticized sanctuary policies in California, noting that non-cooperation with immigration detainers allows criminal illegal aliens to remain in communities. California officials responded that the state takes public safety seriously and that federal authorities hold primary responsibility for immigration enforcement.