Illegal Immigrant Killer Found Not Guilty By Insanity, Flees US During Hospital Leave

An illegal immigrant found not guilty by reason of insanity in a 2019 killing managed to flee the United States on a one-way flight to his native Tajikistan while on an approved 48-hour pass from a state mental health facility.

Now a Soros-backed prosecutor is under fire for his pattern of pursuing insanity pleas for violent offenders who are illegal immigrants.

Steve Descano, commonwealth’s attorney for Fairfax County, Va., speaks at an event at the Center for American Progress about Virginia’s newly elected progressive prosecutors. (Getty Images)

In 2022, a court committed Abdulloi Toshpulodzoda after finding him not guilty by reason of insanity in the 2019 killing of his landlord, Mohammad Hemmatian, in Vienna, Virginia. Officers who reached the scene found him covered in Hemmatian’s blood. He told them, “I am guilty.” Investigators believed Islam-inspired attitudes drove the violence.

Toshpulodzoda left the Northern Virginia Mental Health Institute (NVMHI) in Falls Church on July 6 under an unaccompanied 48-hour pass, a privilege allowed under Virginia law for certain committed patients. Instead of returning, boarded a Turkish Airlines flight at Washington’s Dulles International Airport to Istanbul, and continued to Dushanbe, Tajikistan, according to airline records attached to court filings.

The escape came mere days after a Fairfax County judge ruled that Toshpulodzoda still needed hospitalization. “On June 29, 2026, this Court found that the Acquittee remained mentally ill and in need of inpatient hospitalization,” court documents state. 

This was not the first time authorities let Toshpulodzoda move outside a locked ward without an escort. He traveled to Washington, D.C., in 2024 to obtain a passport, and the Fairfax County Commonwealth’s Attorney’s Office, led by Steve Descano, supported the trip. 

NVMHI placed Toshpulodzoda on escape status once he missed the deadline, revoked his pass, and issued a facility warrant. Virginia State Police, federal authorities, and U.S. Customs and Border Protection all received notice of the case, and CBP issued an alert in case he tries to reenter the country. 

“Abdulloi Toshpulodzoda was found by clinicians to be insane at the time he killed Mohammad Hemmatian – a legal finding that means the Commonwealth would be unable to secure a conviction at trial,” the Fairfax County Commonwealth’s Attorney’s office said in a statement. The office said prosecutors have opposed his release at every annual review hearing, including in June, and that a bench warrant went out the moment they learned he had escaped custody, adding that he “will be arrested and brought to Virginia” if he reenters the country. The Fairfax County Commonwealth’s Attorney’s office, NVMHI, and Turkish Airlines did not respond to requests for comment.

Descano has been in office since 2020. His campaign received funding from left-wing megadonor George Soros. His office has pursued insanity agreements for 13 accused murderers claiming they were unfit for trial, and Descano himself has managed to survive two recall efforts over his criminal justice record.

 Toshpulodzoda’s case fits a pattern the group has flagged for years: violent defendants, including illegal immigrants, funneled toward insanity findings that keep them off the felony docket and, evidently, sometimes off the continent entirely. The group posted on social media Monday, “Across Virginia, ONLY 50 killers got insanity pleas nowhere else gave more than two.” Virginians for Safe Communities said of Descano, “They aren’t crazy, he’s just lazy.”

A spokesperson for Descano’s office told the Washington Examiner that independent evaluators declared Toshpulodzoda mentally ill and left prosecutors no legal path to a conviction, an explanation the office has given in prior cases. “To be found legally insane, both a defense expert and a separate, independent expert for the prosecution evaluate the defendant,” the spokesperson said. “If the Commonwealth’s expert finds the defendant to be legally insane, there is functionally no way to get a conviction at trial.” The spokesperson said a prosecutor’s role narrows to annual review hearings once such a finding is entered, and noted that, in Toshpulodzoda’s case specifically, prosecutors repeatedly asked that he remain confined due to community safety concerns, including as recently as June.

Toshpulodzoda’s disappearance is not an outlier for Descano’s office. Seven months earlier, a Fairfax County court declared another accused killer, Joshua Danehower, legally insane under an agreement with Descano’s team. Danehower fatally shot a charity CEO in his own home in 2022 after he grew obsessed with the CEO’s wife and drafted written plans to break into the house, according to police. 

Descano’s poor prosecutorial discretion record has attracted the attention of the Justice Department, which announced an investigation in May into whether Descano gives “preferential treatment” to illegal immigrants in prosecutorial decisions.