Federal prosecutors filed notice they will seek the death penalty against Elias Rodriguez if convicted in the shooting deaths of two Israeli Embassy employees outside the Capital Jewish Museum in Washington last year.

The notice, filed May 15 in U.S. District Court for the District of Columbia, applies to three counts in the superseding indictment: murder of a foreign official and two firearm counts alleging death caused through the use of a gun.

Rodriguez is accused of killing Yaron Lischinsky and Sarah Milgrim after an event at the museum on May 21, 2025. Prosecutors said they intend to prove Rodriguez intentionally killed both victims, caused serious injury resulting in their deaths, and engaged in violent acts creating a grave risk of death.

The government listed several aggravating factors in the notice, including that the deaths occurred during the killing and attempted killing of diplomats, that Rodriguez created a grave risk of death to others and that the offense involved substantial planning and premeditation to commit an act of terrorism.

The filing also alleges multiple killings, victim impact and a biased motive. Prosecutors said Rodriguez’s actions were motivated by political, ideological, national and religious bias, contempt and hatred.

Prosecutors said Rodriguez targeted people he believed attended an event for young Jewish professionals organized by the American Jewish Committee and hosted at the museum “to amplify the effect of his crimes.”

One aggravating factor alleges Milgrim was “particularly vulnerable because of infirmity.” The notice does not further explain the allegation.

Rodriguez, 31, was previously charged in a 13-count superseding indictment that added terrorism charges under the D.C. criminal code. Prosecutors said Rodriguez traveled from Chicago to the Washington area on May 20, 2025, and bought a ticket the next day to a Young Diplomats Reception at the museum.

New terrorism charges filed in Capital Jewish Museum shooting
Prosecutors expanded the case with new charges and sentencing allegations tied to the attack.

After the event, prosecutors alleged Rodriguez approached Lischinsky, 30, and Milgrim, 26, as they exited and fired about 20 shots from a semi-automatic handgun authorities said he transported from Chicago.

Lischinsky, an Israeli citizen, and Milgrim, an American, worked for the Israeli Embassy. Two other people injured in the shooting also worked for the embassy, according to court records.

Rodriguez pleaded not guilty in September, court records showed.

Urgent Matter previously reported that the Justice Department had been weighing whether to bring the case as a capital prosecution. Judges appointed specialized capital defense counsel and paused the speedy-trial clock to allow Rodriguez’s attorneys to prepare mitigation materials for federal review.

The official notice formalizes that the Justice Department will ultimately seek the death penalty.

Follow along with other art crime stories at Urgent Matter’s art crime tracker.

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