U.S. Attorney for the District of Columbia Jeanine Pirro announced Thursday that the Justice Department is considering the death penalty for Elias Rodriguez, the man accused of fatally shooting two staff members of the Israeli Embassy in Washington in May.
Rodriguez was indicted on federal hate crime and murder charges for the shooting outside a Jewish museum, according to court documents unsealed Wednesday.
Multiple charges in the indictment carry a maximum penalty of death or life imprisonment. U.S. Attorney General Pam Bondi will decide whether to seek the death penalty at a later date.
“This office will leave no stone unturned in its effort to bring justice to the innocent victims of Elias Rodriguez,” Pirro said in a Thursday release. “The hate charges shed further light on his evil intent in the killing of innocent victims.”
The indictment, filed in federal court in Washington, charges Rodriguez with nine counts, including a hate crime resulting in death. The indictment also includes notice of special findings, which allows the DOJ to potentially pursue the death penalty.
Rodriguez is accused of gunning down Yaron Lischinsky and Sarah Milgrim as they left an event at the museum in May. He was heard shouting "Free Palestine" as he was led away after his arrest. He told police, "I did it for Palestine, I did it for Gaza," federal authorities have said.
Rodriguez had previously been charged with murder of foreign officials and other crimes, and the hate crimes charges were added after prosecutors brought the case to a grand jury. It means prosecutors will be tasked with proving Rodriguez was motivated by antisemitism when he opened fire on Lischinsky and Milgrim, a young couple who were about to become engaged.
Prosecutors have described the killing as calculated and planned, saying Rodriguez flew to the Washington area from Chicago ahead of the Capital Jewish Museum event with a handgun in his checked luggage. He bought a ticket for the event about three hours before it started, authorities have said in court papers.
An attorney for Rodriguez didn't immediately respond to an email seeking comment Wednesday.
Witnesses described him pacing outside before approaching a group of four people and opening fire. Surveillance video showed Rodriguez advancing closer to Lischinsky and Milgrim as they fell to the ground, leaning over them and firing more shots. He appeared to reload before running off, officials have said.
After the shooting, authorities say Rodriguez went inside the museum and stated that he "did it."
"I did it for Palestine, I did it for Gaza, I am unarmed," he spontaneously said, according to court documents. He also told detectives that he admired an active-duty Air Force member who set himself on fire outside the Israeli Embassy in February 2024, describing the man as "courageous" and a "martyr."
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