Full Breakdown
Fairfax Prosecutor’s Decision Allows Murder Convict Found Insane to Obtain Passport and Flee the United States
8/20/2026, 8:25:01 AM
Core Event
Abdulloi Doniyor Toshpulodzoda, a Tajik national found not guilty by reason of insanity for the 2019 stabbing death of Mohammad Hemmatian, was granted two “community passes” while confined at the Northern Virginia Mental Health Institute. On May 29 2024, Commonwealth’s Attorney Steve Descano’s office confirmed it “did not oppose” an escorted trip to Washington, D.C., to obtain a passport at the Tajik embassy. After receiving the passport, he left Dulles International Airport for Tajikistan via Turkey on July 6 2024.
Background & Context
A Fairfax County jury’s NGRI verdict led to Toshpulodzoda’s commitment to the Virginia Department of Behavioral Health and Development Services. Virginia law permits “graduated privileges,” including short-term community passes authorized by clinical teams and reviewed by experts. An immigration detainer had been issued, and an immigration judge ordered his removal on June 24 2024.
Timeline
- December 15 2009 – Entered the United States lawfully.
- May 29 2024 – Prosecutor and attorney obtained court permission for the escorted passport trip.
- June 24 2024 – Immigration judge issued a removal order.
- July 6 2024 – Self-departed from Dulles to Tajikistan.
Data & Statistics
- Two community passes were issued: one for the passport trip and a second in July for a stay at a Fairfax-county supportive-housing apartment.
- The passport request and flight occurred within a 48-hour release window.
Official Statements & Responses
- Descano’s Office: Stated it “did not oppose” the escorted passport visit but noted prosecutors repeatedly argued for continued custody.
- Department of Justice: Opened an investigation into Descano’s office for alleged shielding of illegal immigrants.
- Virginia Department of Behavioral Health Spokesperson Laura Cunningham: Said privacy laws limit discussion of individual cases and explained that the community-pass process is legally authorized and expert-reviewed.
- DHS Spokesperson: Confirmed Toshpulodzoda’s departure fulfilled the June 24 removal order.
Criticism & Opposition
- Jason Miyares, former Virginia Attorney General, called the decision “unconscionable incompetence.”
- Nick Minock, victim-rights advocate, questioned the rationale behind a day pass for passport acquisition.
- Sean Kennedy, victim-rights advocate, noted Virginia law allows psychiatrists to issue passes without a judge’s ruling, suggesting systemic lapses.
Conflicting Reports & Gaps
Sources differ on whether Descano’s office actively opposed the release. Fox News reports the office “did not oppose” the passport trip while also noting prosecutors “repeatedly opposed” his release in hearings. WJLA similarly cites both positions. No comment was obtained from the Fairfax Falls-Church Community Services Board or Fairfax County Police regarding community notification.
Verbatim Quotes
- “Fairfax’s Steve Descano supported a violent, committed man accused of killing his landlord to obtain a passport. The passport request should have been the five-alarm fire, but instead it was ignored and he was allowed to walk out of a mental facility and flee the country. This is an unconscionable level of incompetence,” — Jason Miyares.
What’s Next
The DOJ investigation remains open, and further judicial review of the community-pass policy is anticipated. No additional scheduled hearings have been disclosed.
