Fairfax Commonwealth’s Attorney defends process after accused killer flees country

BETHESDA, Md. - Fairfax County Commonwealth’s Attorney Steve Descano spoke out for the first time following revelations that a man who killed his landlord in 2019 and was found not guilty by reason of insanity obtained a passport and fled the U.S. while on a weekend pass from a Virginia mental health facility.

What we know:

In an exclusive interview, Descano addressed public outrage and safety concerns over how Abdulloi Toshpulodzoda managed to board a one-way international flight to Tajikistan while under state care.

Toshpulodzoda had been committed to the Northern Virginia Mental Health Institute after his verdict. While there, he was granted a weekend pass that allowed him to secure a passport from the Tajik Embassy in Washington, D.C., and ultimately leave the United States.

READ MORE | Accused murderer boards flight out of U.S. on weekend pass from Virginia mental health facility

Responding to questions about how someone committed for a violent crime could acquire travel documents, Descano emphasized that custody and visitation privileges fall entirely under state authority once an insanity verdict is reached.

"When somebody is found not guilty by reason of insanity, they are given to the custody, in many cases, as in this case, of the Department of Behavioral Health," Descano said. "It is up to the Department of Behavioral Health to make assessments as to what level of privilege that person should have."

Descano explained that under Virginia law, the department holds broad authority to grant privileges, including unescorted 48-hour visits, without needing judicial approval.

Court documents show that Descano’s office signed the submission permitting Toshpulodzoda to travel escorted to Washington, D.C., to visit the Tajik Embassy.

When asked why the request for a passport did not raise red flags within his office, Descano said that the protocol is dictated by state statute rather than prosecutorial oversight.

"The process is one that is written by statute," Descano said. "The process about how people, under the custody of the Department of Behavioral Health, how they get privileges and what their psychologists and psychiatrists allow them to do. That is by code that is within the department's discretion."

Addressing concerns over whether his office simply "rubber-stamped" the paperwork, Descano rejected the characterization.

"There’s no rubber stamp process," Descano said. "I think what people have to realize is that once somebody is committed to the Department of Behavioral Health Services, essentially the Department of Behavioral Health Services is in control of their custody. The criminal case at that time is over, and the prosecutor’s role is fairly limited."

Dig deeper:

The incident has drawn attention from state leaders. Governor Abigail Spanberger previously stated she is looking into the system flaws that allowed the escape to occur. Descano noted that he has not yet spoken with Governor Spanberger about her investigation.

READ MORE | Virginia governor promises change after accused murderer flees U.S. from mental health facility

The handling of such cases has also raised comparisons to neighboring jurisdictions.

In Loudoun County, Commonwealth’s Attorney Bob Anderson previously intervened directly with mental health officials to prevent an individual who killed someone from receiving community visit privileges.

When asked if his office ever proactively contacts institutions to caution them against granting unescorted visits, Descano reiterated that the primary authority rests with state behavioral health officials.

Fairfax CountyVirginiaNews