Judge Nichelle Holmes, appointed by Gov. Gavin Newsom in 2024, dismissed burglary charges against Marcos Iriarte-Valdez and ordered his release on Aug. 5, 2024. The day after the dismissal, Iriarte-Valdez was accused of fatally stabbing 68-year-old Todd Stewart during an alleged burglary attempt. Holmes previously told her law school that "justice does not always mean a prison sentence" and sometimes means a dismissal; the case has prompted criticism of judicial discretion and California's immigration-related policies.
Newsom-Appointed Judge Said 'Justice Sometimes Means Dismissal' — Suspect Accused Of Fatal Stabbing A Day After Charges Were Dropped
Gov. Gavin Newsom speaks during an event about new savings for California car buyers and a major milestone in the state's clean energy future at the Bridge Yard Facility in Oakland, California, on Aug. 7, 2026.
Contra Costa Superior Court Judge Nichelle Holmes, who was appointed by Gov. Gavin Newsom in 2024, dismissed burglary charges against Marcos Iriarte-Valdez and ordered his release on his own recognizance on Aug. 5, 2024. The day after the dismissal, Iriarte-Valdez was accused of fatally stabbing 68-year-old Todd Stewart during an alleged burglary attempt, renewing debate over judicial discretion and immigration-related policies.
Judge's Past Remarks On Justice
In a 2017 interview with the University of San Francisco School of Law, Holmes — then a deputy district attorney for Contra Costa County — said she approaches her work as a way to address injustices and racial disparities in the criminal justice system. She observed that "justice does not always mean a prison sentence. Sometimes it means a treatment program, or intensive counseling, and sometimes it means a dismissal."
"Coming to work every day and ensuring that justice is served is my way of protesting," Holmes said in the interview.
Case Details And Conflicting Immigration Notes
Holmes ordered Iriarte-Valdez released on his own recognizance and later allowed him to remain under pretrial home detention despite reported violations of its terms. Reports note Iriarte-Valdez is a Venezuelan national who also holds Spanish citizenship. The Department of Homeland Security initially described him in a social media post as an "illegal alien," then later indicated he was "legally admitted" to the U.S. in 2007; DHS did not immediately respond to media requests for clarification.
Reactions From Lawmakers And The Governor's Office
The killing of Todd Stewart has intensified scrutiny from some Republican leaders and state lawmakers who criticized judicial decisions and California's sanctuary policies. Assemblymember David Tangipa (R-Fresno) told Fox News Digital that Stewart "should be alive today" and characterized the death as preventable if existing laws had been enforced.
A spokesperson for Gov. Newsom did not comment on Judge Holmes' specific decision to release Iriarte-Valdez after an alleged violation of home detention. The spokesman said the individual should be held accountable for the killing and noted that state law does not bar federal enforcement of immigration statutes, urging federal authorities to use their resources to enforce federal law.
Judge's Background
Holmes served as deputy district attorney for Contra Costa County from February 2012 until her judicial appointment in April 2024. Her prosecutorial work included cases involving sexual assault, domestic violence, child trafficking and community violence; she spent four years in the county's Domestic Violence Unit and worked in the Community Violence Reduction Unit. Holmes graduated from the University of San Francisco School of Law in 2010 and from Spelman College in 1990.
Fox News Digital reached out to Judge Holmes for comment but had not received a response at the time of publication.
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