A Tajik national, found not guilty by reason of insanity in the killing of his landlord, has fled the United States after obtaining a U.S. passport and departing from Dulles International Airport. The individual, Abdulloi Doniyor Toshpulodzoda, had been held at the Northern Virginia Mental Health Institute (NVMHI) in Falls Church.
Critics, including former Virginia Attorney General Jason Miyares, have directed renewed criticism at Fairfax County Commonwealth's Attorney Steve Descano, a Democrat whose prosecution of cases involving migrants has drawn scrutiny. Miyares described the situation as an "unconscionable level of incompetence," stating that a judge's decision was overridden.
Descano's office confirmed that it "did not oppose" Toshpulodzoda taking an "escorted visit" outside NVMHI to obtain "updated documentation from the [Tajik] embassy." However, a spokeswoman for Descano's office stated that this does not reflect their position on community release itself and that prosecutors had repeatedly opposed Toshpulodzoda’s release in court hearings due to public safety concerns.
Court documents indicate that Descano's prosecutor, Claiborne Richardson, and Toshpulodzoda’s attorney jointly requested and received court permission for Toshpulodzoda to travel to Washington, D.C., with institute staff on May 29, 2024. According to Descano's office, prosecutors argued at a June hearing that Toshpulodzoda should remain in the institute's custody, and the judge agreed.
Questions regarding the issuance of day passes were deferred by Descano's office to the Virginia Department of Behavioral Health (VDBH). A VDBH spokesperson stated that federal and state privacy laws prevent public discussion of individual patient cases but confirmed that the "community pass" process allows clinical teams to request "graduated privileges" that are reviewed by experts.
The Fairfax-Falls Church Community Services Board provided an apartment for Toshpulodzoda through its Fairfax Permanent Supportive Housing Program. Reports indicate Toshpulodzoda admitted to authorities that he killed his landlord but was later found not guilty by reason of insanity.
A Department of Homeland Security spokesperson stated that Toshpulodzoda’s departure represented the "ultimate compliance of his final removal order," issued by an immigration judge on June 24.
Virginia authorities have issued a warrant for Toshpulodzoda’s arrest should he return to the U.S. He entered the U.S. during the Obama administration and subsequently violated the terms of his admission, according to DHS.
Steve Descano, who has received financial contributions from Hungarian-American billionaire George Soros for his local races, has faced years of criticism regarding his handling of cases involving illegal immigrants and foreign nationals. Virginians for Safe Communities, an advocacy group, called Fairfax County’s justice system "a joke."