Justice Department officials are considering additional charges against Elias Rodriguez, the Chicago man accused of killing two Israeli Embassy staffers on Wednesday evening in Washington, D.C., Fox News has learned.
Hate crimes and terrorism charges are among those being considered, according to sources briefed on the matter. The charges could be filed as early as today.
Rodriguez, 31, has already been charged with the murder of foreign officials, a federal capital offense, along with multiple firearm-related counts and two counts of first-degree murder.
If convicted of either of the first two counts, he could face the death penalty. Under D.C. law, a conviction for first-degree murder carries a minimum sentence of 30 years in prison and a maximum sentence of life behind bars.
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Rodriguez waived his right to a detention hearing and will be held without bond while he awaits trial. He was ordered back to court on June 18 for a preliminary hearing.
The shooting Wednesday night happened during an event hosted by the American Jewish Committee, which brought together Jewish professionals and members of the diplomatic community.
According to the affidavit, one of the victims, Yaron Lischinsky, 31, was an Israeli citizen who had been granted “official guest” status by the U.S. State Department. The other victim, Sarah Milgrim, 26, was also employed by the Israeli Embassy. The young couple was set to be engaged.
Surveillance footage, according to the affidavit, showed a suspect, who was wearing a blue jacket with a hood, a large dark-colored backpack and blue pants, approaching the couple from behind as they were about to enter a crosswalk.
Investigators say Rodriguez drew a 9 mm handgun and opened fire without provocation.
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After the victims collapsed, he moved closer and continued firing, the affidavit said. Milgrim tried to crawl away, but Rodriguez continued shooting at her.
Investigators say Rodriguez paused to reload and then fired at her again before fleeing toward the museum’s entrance. Authorities recovered 21 shell casings, an empty handgun and a discarded magazine at the scene.
A preliminary autopsy found that Milgrim suffered from multiple gunshot wounds. She was taken from the scene by the District of Columbia’s Fire and Emergency Medical Services (DCFEMS) to the Office of the Chief Medical Examiner for the District of Columbia. She was pronounced dead at 9:35 p.m. Wednesday. Autopsy results are pending.
Lischinsky was pronounced dead by DCFEMS at 9:14 p.m. Wednesday. His autopsy results are pending.
Katie Kalisher, who was at the museum Wednesday night, told “FOX & Friends” on Thursday that she had an interaction with Rodriguez prior to his arrest. She said Rodriguez – who looked distressed and was covered in rain – came into the facility after 10 to 15 gunshots were heard outside and asked for somebody to call the police.
“I’m like, ‘so, do you like this museum?’ And he’s like, kind of playing dumb with me. He’s like, ‘oh, what kind of museum is this?’ And I’m like ‘it’s a Jewish museum. He asks ‘Do you think that is why they did it?’ in reference to gunshots we had heard. And I was like, ‘yeah maybe, I don’t know but I don’t think so, I hope not,’” Kalisher said. “And that is when he reaches into his bag and pulls out a kaffiyeh and says to me, ‘I did it. I did this for Gaza.’ And then he starts shouting ‘Free, Free Palestine!’ and the police show up and arrest him.”
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