Contra Costa Superior Court Judge Nichelle Holmes, appointed by Gov. Gavin Newsom, previously stated in an interview that justice can sometimes involve a "dismissal," a sentiment that has drawn renewed attention following the release of Marcos Iriarte-Valdez. Iriarte-Valdez, a Venezuelan national with a prior arrest record, was released by Holmes on Aug. 5, 2024, on his own recognizance, despite allegedly violating the terms of his pretrial home detention. The day after his release, he was accused of fatally stabbing 68-year-old Todd Stewart during an attempted burglary.
The killing has intensified criticism of California's sanctuary policies and judges' discretion in handling criminal offenders. Republican lawmakers argue that such policies hinder federal immigration enforcement and endanger the public.
Assemblymember David Tangipa, R-Fresno, stated that Stewart "should be alive today" and that the murder was preventable if existing laws were enforced. He criticized Gov. Newsom's sanctuary laws and "activist judges" for contributing to the death of Americans.
In a 2017 interview with her alma mater, the University of San Francisco School of Law, Holmes, then a deputy district attorney, discussed her approach to justice. "Justice does not always mean a prison sentence. Sometimes it means a treatment program, or intensive counseling, and sometimes it means a dismissal," she said, explaining her view on fighting injustices and racial disparities within the justice system. Holmes, who was appointed to the bench in 2024, previously worked as a deputy district attorney for Contra Costa County from 2012 to April 2024, focusing on cases involving sexual assault, domestic violence, child trafficking, and community violence.
A spokesperson for Gov. Newsom's office asserted that the individual should face justice for the alleged crime and stated that California law does not prevent federal authorities from enforcing immigration laws. The spokesperson added that the federal government possesses ample resources to enforce its own laws and should not blame California for "ICE's enforcement failures."
Iriarte-Valdez, 36, was arrested Friday evening in connection with Stewart's death. The Department of Homeland Security identified Iriarte-Valdez as an "illegal alien" in a social media post, though later clarified he was "legally admitted" to the U.S. in 2007. DHS has not immediately responded to requests for comment on his specific immigration status. Fox News Digital has reached out to Judge Holmes for comment.