How a noncitizen suspected killer got caught and released by Newsom-appointed judge: timeline

The suspect charged in the stabbing death of a California man in an otherwise quiet East Bay suburb has a history of prior arrests and originally entered the U.S. during the George W. Bush administration, according to records.

Marcos Iriarte-Valdez, alternatively identified by DHS as Marcos Valdezusper, was arrested Friday at his home in Contra Costa County, California, after police said he stabbed and killed 68-year-old retiree Todd Stewart during an apparent burglary attempt.

"The investigation is ongoing and our understanding of the incident may change as more individuals are interviewed and evidence is collected and analyzed," the Martinez Police Department said.

Iriarte-Valdez was "legally admitted" to the U.S. in 2007, according to information provided by ICE. Fox News Digital reached out to the agency for further clarity on what happened between then and when he was deemed an "illegal alien" by DHS on X more recently.

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Iriarte-Valdez hails from Venezuela but has Spanish citizenship.

Iriarte-Valdez was arrested earlier this year on at least two charges of residential burglary with persons present stemming from incidents in Orinda April 29, according to Martinez police.

He was out on pretrial release for those charges when he was arrested again Aug. 4 for violating his home detention monitoring rules, according to authorities.

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One day later, Contra Costa Superior Court Judge Nichelle Holmes, an appointee of Gov. Gavin Newsom, released Iriarte-Valdez on his own recognizance and returned him to home detention monitoring.

Then, on Aug. 6, surveillance video showed Iriarte-Valdez wearing a tactical vest and emerging from a Cadillac before he allegedly stabbed Stewart, who was heard screaming in pain.

That video helped police obtain a warrant from Contra Costa Superior Court for Iriarte-Valdez on charges of murder and committing a felony while on own-recognizance release, according to court records.

Just after 6 p.m. PT Friday, a Contra Costa SWAT team arrested Iriarte-Valdez at his home. His bail was initially set at $1.1 million.

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Contra Costa County Democratic District Attorney Diane Becton filed a felony complaint against Iriarte-Valdez that included one count of murder with several "special circumstances" cited under California law that could result in stiffer penalties.

The complaint includes a special circumstance allegation of murder during a burglary, which could lead to life imprisonment without parole if Iriarte-Valdez is convicted and "enhancement" allegations involving the use of a knife and committing an offense while out on conditional release.

"Our office will pursue this case with diligence and integrity to hold Iriarte-Valdez fully accountable under the law for this devastating act of violence," Becton said in a statement.

"Our thoughts are with the victim’s loved ones and the larger community as they navigate this unimaginable loss."

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Becton’s office said Iriarte-Valdez pleaded not guilty Wednesday during a hearing in which Judge David Goldstein called him a "risk to public safety" and ordered him held without bail. Former Democratic Gov. Jerry Brown appointed Goldstein.

Another Newsom appointee, Judge Michael Nieto, will preside over Iriarte-Valdez’s case during a preliminary hearing in nearby Richmond Sept. 1.

According to court documents, Iriarte-Valdez is scheduled to appear separately before Holmes on Sept. 9 on his original burglary charges from April.

ICE placed a federal detainer on Iriarte-Valdez Saturday and said he has also been charged with inflicting corporal injury on a spouse, receiving stolen property, trespassing, loitering and entering a noncommercial dwelling.

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DHS did not immediately explain what happened between 2007 and 2026 that could have led to Iriarte-Valdez being considered an "illegal alien" now. Common scenarios include a noncitizen overstaying a temporary visa, violating visa terms, becoming a lawful permanent resident and later having that status revoked because of a criminal conviction or abandoning permanent resident status through extended residency abroad.

White House border czar Thomas Homan described the incident as a tragic case of "politics of a sanctuary jurisdiction."

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"There's nothing against the sanctuary law in California for a deputy to pick a phone up and say, 'Hey, this guy's being let go in an hour,'" Homan told "Fox & Friends." 

"This person is dead because Governor Newsom and the State of California put politics — hatred of President Trump — over public safety."

Fox News Digital reached out to Holmes, Becton and Newsom for further comment.