Accused illegal immigrant murderer who fled US during 48-hour pass had access to taxpayer-funded apartment

An accused illegal immigrant murderer who fled the United States last month after being granted a 48-hour pass from a Virginia mental health facility was previously allowed to leave the institution on unsupervised visits, staying at a taxpayer-funded apartment while on leave.

Abdulloi Doniyor Toshpulodzoda left the U.S. on July 6 while on a weekend pass, boarding a one-way flight from Washington Dulles International Airport to his native Tajikistan via Istanbul. The Turkish Airlines ticket was purchased under Toshpulodzoda's name using an American Express card, according to court records.

Despite the murder accusation, Toshpulodzoda was permitted to leave the Northern Virginia Mental Health Institute (NVMHI) for up to 48 hours to stay at an Alexandria apartment made available through the Fairfax Permanent Supportive Housing Program, court records state.

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In 2019, Toshpulodzoda fatally stabbed Mohammad Hemmatian inside his Vienna, Virginia, home before responding police found him covered in blood.

He was ultimately found not guilty by reason of insanity of second-degree murder and committed to a state psychiatric facility in 2022. To be found legally insane, a defense expert, and then a separate, independent expert for the prosecution evaluated the defendant, Laura Birnbaum, chief of staff for Fairfax County Commonwealth's Attorney Steve Descano, told Fox News Digital. 

If the prosecution's expert also finds the defendant to be legally insane, there is functionally no way to get a conviction at trial, Birnbaum added. 

As recently as June, a judge determined that Toshpulodzoda "shall not be released from custody and inpatient hospitalization without further order of this court."

However, Virginia state law permits certain patients committed to psychiatric facilities — including those accused of violent crimes — to receive temporary day or weekend passes.

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NVMHI's Internal Forensic Privileging Committee approved Toshpulodzoda for unaccompanied community visits, allowing him to leave the facility without hospital staff for up to 48 hours at a time. Because this authorization remained in place, he was legally permitted to make unsupervised visits in the period leading up to his escape.

In May 2024, Toshpulodzoda was granted permission to visit the Tajikistan Embassy in Washington, D.C., with an escort to obtain a passport.

In a post on X, former Virginia Attorney General Jason Miyares, a Republican, put much of the blame for  Toshpulodzoda's escape on Descano, beginning with his trip to Washington to get his passport. 

"A judge said no, Virginia authorities said yes anyway. Fairfax’s Steve Descano supported a violent, committed man accused of killing his landlord to obtain a passport," Miyares wrote. "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."

Fox News Digital reached out for comment to the Virginia Department of Behavioral Health and Developmental Services (DBHDS).

On Aug. 5 — a month after Toshpulodzoda fled the country — the Fairfax County Commonwealth’s Attorney’s Office asked a judge to issue an arrest warrant.

"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 Commonwealth’s Attorney’s Office said in a statement.

Prosecutors noted that they opposed his release during annual review hearings in June.

The office added that a bench warrant was issued immediately after it had learned he had escaped custody, ensuring that if he reenters the U.S., he will be arrested and extradited to Virginia.

Toshpulodzoda illegally entered the U.S. on Dec. 15, 2009, a Department of Homeland Security spokesperson told Fox News Digital. He violated the terms of his admission, DHS said, losing his status to remain in the U.S. 

"Against our nation’s law, he failed to depart when he no longer had permission to remain in the country," the agency spokesperson said.