An accused killer’s escape from the country is renewing outrage toward leftist Virginia prosecutor Steve Descano’s reliance on insanity pleas in violent cases.
Abdulloi Toshpulodzoda boarded a plane to Turkey in July after the Fairfax County commonwealth’s attorney gave him an insanity plea agreement over a landlord’s 2019 killing, leading to loose restrictions requiring him to report to a mental health facility, court records show. Critics say Toshpulodzoda’s case is the latest in a lenient pattern from Descano, who took office in 2020 after receiving campaign funding from left-wing megadonor George Soros and has faced two failed recall efforts over criminal justice policies.
Descano’s office has pursued agreements for 13 accused murderers claiming they are unfit for trial, according to Virginians for Safe Communities, which has kept a growing tally of the “insanity” cases. The group also led the second recall attempt against Descano.
“Across Virginia, ONLY 50 killers got insanity pleas nowhere else gave more than two,” Virginians for Safe Communities posted Monday on social media.
“They aren’t crazy, he’s just lazy,” the organization said about Descano.
Prosecutors in Descano’s office told the Washington Examiner that their hands were tied in the Toshpulodzoda case due to independent expert analysis declaring him mentally ill — an answer the office has given in past cases.
“To be found legally insane, both a defense expert and a separate, independent expert for the prosecution evaluate the defendant,” a spokesperson for Descano’s office said. “If the Commonwealth’s expert finds the defendant to be legally insane, there is functionally no way to get a conviction at trial (because our own expert would undermine our case). The judge/court then enters the finding of [not guilty by reason of insanity].
“Again, this is a strict legal determination rooted in evaluations by independent experts. After such a finding, the prosecutor’s role is limited to annual review hearing regarding continued custody. Regarding the case of Abdulloi Toshpulodzoda: after this finding, prosecutors repeatedly asked for him to remain confined in state custody due to community safety concerns, including as recently as this June.”
Authorities found Toshpulodzoda in 2019 covered in his landlord’s blood and admitting “I am guilty,” as well as evidence of Islam-inspired attitudes that drove him to violence, according to multiple reports.
Toshpulodzoda’s departure from the country came seven months after a Fairfax County court made headlines for declaring accused killer Joshua Danehower legally insane due to an agreement with Descano’s team. Danehower fatally shot a charity CEO in his home in 2022 after becoming obsessed with his wife and crafting written plans on how to break into his house, according to police. Prosecutors similarly relied on experts’ mental health analysis to reach their charging decision, FFXnow reported.
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Descano’s policies have gotten the Trump administration’s attention, with the Justice Department announcing an investigation in May over whether Descano is giving “preferential treatment” to illegal immigrants in prosecutorial decisions.
“This investigation is only the latest example of the Trump Administration’s own ‘pattern or practice’ of using the Justice Department to launch partisan attacks,’” his office said in response to the investigation.