The Justice Department will move to indict the man accused of killing two Israeli Embassy staffers in May on federal hate crime charges this week, a source familiar with the matter said.
The indictment against 31-year-old Elias Rodriguez is expected to include special findings for capital punishment, which would allow the Justice Department to pursue the death penalty in the case. A grand jury has been convened to hear the Justice Department’s evidence, the source said.
A Department of Justice spokesperson and attorneys for Rodriguez did not immediately respond to requests for comment.
Rodriguez is already charged with two counts of first-degree murder, murder of foreign officials and other counts after allegedly killing Yaron Lischinsky, 30, and Sarah Lynn Milgrim, 26, two employees at the Israeli Embassy in Washington who were leaving an event at the Capital Jewish Museum on May 21.
He is also charged with causing the death of a person through the use of a firearm and discharge of a firearm during a crime of violence. U.S. Attorney for the District of Columbia Jeanine Pirro said at the time of the shooting that the attack was being investigated as a hate crime and terrorism.
President Trump has sought to expand the use of the death penalty, directing his Justice Department to seek capital punishment “for all crimes of a severity demanding its use” in a January executive order. Under federal law, the death penalty is only permitted for certain crimes like homicide or treason, and some aggravating factor — like murdering a diplomat or kidnapping resulting in murder — must be present.
According to charging documents, video shows that after Rodriguez allegedly shot the couple, he walked closer to them and fired “several more times.” Milgrim sat up after being shot, and he reloaded his weapon and fired again at her, striking her, the documents allege.
In all, 21 rounds were fired from a 9 mm weapon, according to the court documents. A firearm magazine was found at the scene, and a handgun with its slide locked was found nearby.
Federal officials traced the weapon and say records show it was purchased by Rodriguez on March 6, 2020, in Illinois. The handgun was purchased legally, according to a person briefed on the investigation.
Once officers arrived at the museum, Rodriguez asked to speak with police and told them, “I did it for Palestine, I did it for Gaza, I am unarmed,” according to the charging documents. Rodriguez was then taken into custody.
FBI Washington Assistant Director Steven Jensen said the suspect — who lived in Chicago — came to Washington, D.C., on May 20 and was traveling for a work conference. He flew from Chicago O’Hare Airport to Reagan National Airport with the firearm in checked luggage and had declared the firearm, according to court documents.
Rodriguez is expected to appear in Washington, D.C., federal court on his initial charges for a status hearing on Friday.