Fairfax County, Va. – In an exclusive interview, Commonwealth’s Attorney Steve Descano defended the statutory process that allowed Abdulloi Toshpulodzoda, a man found not guilty by reason of insanity for a 2019 landlord killing, to obtain a passport and leave the United States on a weekend pass from a state mental‑health facility.

Statutory authority rests with the Department of Behavioral Health

Descano emphasized that once a defendant receives an insanity verdict, custody transfers to the Virginia Department of Behavioral Health. “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,” he said. “It is up to the Department of Behavioral Health to make assessments as to what level of privilege that person should have.”

Under Virginia law, the department has broad discretion to grant privileges, including unescorted 48‑hour visits, without needing a judge’s sign‑off. The paperwork permitting Toshpulodzoda’s escorted trip to Washington, D.C., to visit the Tajik Embassy was signed by Descano’s office in accordance with that code.

Procedural safeguards, not a rubber‑stamp

When asked whether his office simply “rubber‑stamped” the request, Descano rejected the characterization. “There’s no rubber stamp process,” he 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.”

He added that the process is dictated by statute, not prosecutorial oversight. “The process is one that is written by statute,” Descano explained. “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.”

State leaders weigh in

Governor Abigail Spanberger has announced an investigation into the system flaws that permitted the escape. Descano noted he has not yet spoken directly with the governor about her probe, but welcomed a thorough review.

The incident has also prompted comparisons to neighboring jurisdictions. In Loudoun County, Commonwealth’s Attorney Bob Anderson previously intervened with mental‑health officials to block community‑visit privileges for a similar offender, illustrating that local prosecutors can play a more active role when they choose.

What this means for Fairfax residents

For Fairfax County families, the key takeaway is that the existing legal framework places responsibility for mental‑health custody decisions squarely on state officials, not on the prosecutor’s office. Descano stressed that his office will continue to monitor compliance with statutory requirements and work with the Department of Behavioral Health to ensure public safety.

Community leaders and concerned parents are encouraged to stay informed about the department’s protocols and to voice any legitimate safety concerns through the proper channels. As the investigation proceeds, Fairfax officials say they remain committed to balancing the rights of individuals under state care with the safety of the broader community.

Original reporting: Arlington County | FOX 5 DC — read the source article.