Nichelle Holmes, appointed by Gavin Newsom in 2024, released Marcos Iriarte-Valdez on his own recognizance before the killing
The California judge who released a Venezuelan national arrested for burglary — and later allowed him to remain in pretrial home detention despite his violation of its terms — had previously said that justice can sometimes mean “dismissal” in an interview with her alma mater, the University of San Francisco School of Law.
The day after Contra Costa Superior Court Judge Nichelle Holmes dismissed Marcos Iriarte-Valdez, a Venezuelan national, he was accused of stabbing another man to death while attempting another burglary.
The killing of Todd Stewart, 68, outside his home of more than 30 years has renewed scrutiny of judges’ discretion in releasing repeat criminal offenders. It also comes as Republican leaders criticize “sanctuary” policies that they say make it difficult for federal immigration enforcement agents to do their jobs and put the public at risk.
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Holmes, who was appointed to Contra Costa Superior Court by Democratic Gov. Gavin Newsom, D-Calif., in 2024, ordered on Aug. 5, 2024, that Iriarte-Valdez, a Venezuelan national who holds Spanish citizenship, be released on his own recognizance. The Department of Homeland Security called Iriarte-Valdez an “illegal alien” in a social media post, but later said he was “legally admitted” to the U.S. in 2007. DHS did not immediately respond to Fox News Digital’s request for comment on his immigration status.
Holmes’ ruling to allow Iriarte-Valez to walk free aligns with an interview that she gave to her alma mater, the University of San Francisco School of Law, in 2017, in which she claimed that her work as then-deputy district attorney of Contra Costa County is her way of fighting against injustices and racial disparities in the justice system.
“Coming to work every day and ensuring that justice is served is my way of protesting,” Holmes said. “Justice does not always mean a prison sentence. Sometimes it means a treatment program, or intensive counseling, and sometimes it means a dismissal.”
Holmes shared that she decided to become a district attorney as opposed to a defense attorney because she said victims need a voice too.
“Navigating through the criminal justice process can be daunting and only add to the stress and trauma of being a crime victim,” Holmes shared. “I choose to advocate for the victims and be their voice to make the process just a little easier. I choose to make my community a safer place for everyone.”
“I choose to ensure that the Constitution is upheld on all sides,” Holmes continued. “I choose to be a part of the solution.”
