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

An accused 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 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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The Northern Virginia Mental Health Institute in Falls Church, Virginia, where Abdulloi Toshpulodzoda had been receiving inpatient treatment before leaving on an authorized 48-hour pass. (Google Maps)

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 evaluate 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.

Fox News Digital reached out for comment to the Virginia Department of Behavioral Health and Developmental Services (DBHDS), U.S. Immigration and Customs Enforcement (ICE), and the Department of Homeland Security.

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.

Steve Descano, Commonwealth's Attorney for Fairfax County, Virginia speaks at an event at the Center for American Progress about Virginias Newly Elected Progressive Prosecutors. (Getty Images)

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

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