VIRGINIA BEACH, Va. — Governor Ralph Northam granted a conditional pardon to a man who was sentenced to 10 years behind bars for a three-car crash last year that severely injured a 77-year-old man.
Matthew Rushin previously pleaded guilty to two counts of malicious wounding and one count of felony hit-and-run following a collision that took place in January 2019.
It was on January 4 of that year that Rushin crashed head-on into a car, leaving a man with serious injuries.
On Monday, Northam granted Rushin a conditional and partial pardon, which aligns his sentence with the sentencing guidelines for his convictions. The pardon hinges on Rushin's agreement to never possess a firearm, never operate another vehicle, and never contact the victims or their families.
Northam is reducing the sentence to 10 years for each conviction with seven years five months suspended on each, to run concurrently, with credit for any time spent in confinement while awaiting trial and any earned sentencing credits.
With this timeline in mind, Rushin is expected to be released from prison no earlier than spring 2021.
Rushin originally faced an attempted murder charge alongside other charges. Court documents reveal that a witness told police Rushin made statements that he was trying to commit suicide. Documents explained that there is surveillance video that could support that claim.
The paperwork said Rushin cut across the median and drove into oncoming traffic. Witnesses told 13News Now he was speeding at about 90 mph during impact.
When he drove into oncoming traffic, he crashed into another car, which left a man with two collapsed lungs, a broken leg, brain bleed and other serious injuries, according to court documents.
Rushin's mother, Lavern Rushin, told 13News Now at a protest this past June that she would fight to prove her son's innocence and take his case straight to the governor's office.
She also wanted to bring attention to the fact that Matthew is autistic and was not treated fairly the night of his arrest.
“He was not taken to the hospital," she told us in June. "He was not given clinician help at the scene of the accident.”
In a statement Monday, she said, “We are thankful that Governor Northam granted Matthew Rushin’s pardon in an expeditious manner. This is the first step in proving that Matthew did not have malicious intent. We appreciate everyone that supports Matthew Rushin. We are elated at the news!”
As word of the governor's decision spread, people flooded social media accounts on Instagram and Facebook in celebration of Rushin's anticipated release.
The Rushins' attorneys also sent a release on Monday about the pardon which in part read:
"We would like to sincerely thank the Governor's office, the Secretary of the Commonwealth, and Probation & Parole for their conscientious attention to this case and for balancing justice and fairness in approving Matthew's pardon. We know Matthew's case received a full and thorough review and we extend our heartfelt gratitude to everyone who reviewed this case, and everyone who advocated for Matthew. We have been overwhelmed by the outpouring of support from legislators on both sides of the aisle, disability and autism advocacy groups, community members, and well-wishers from around the world."
However, the news did not come with elation for Danna Cusick and her son, Greg. Danna was visiting Virginia Beach with her husband, George, when the crash happened.
George Cusick suffered a severe brain injury.
"He's in a wheelchair," she said. "He cannot talk or communicate. He cannot do anything himself. He is gone. For all intents and purposes, my husband is gone."
"All this stuff like he’s the victim and he had no responsibility," said Greg Cusick. "He did!"
Danna said she wishes Rushin well, but thinks it would be fair for him to serve at least five years. She said her family has been destroyed by this incident.
“Frankly, Matthew is not my problem," said Danna Cusick. "I don't care how long he is in jail. I do care very strongly about the restrictions. I do not believe Matthew should drive ever again."
The Governor is putting several requirements in place:
- The Virginia Parole Board must approve his “home plan,” and a parole officer will supervise him for five years.
- He must participate in supervised mental health treatment, counseling, and a substance abuse evaluation.
- He may not drive for the rest of his life. (He may petition a judge to change this after 10 years.)
- He may not own a firearm or have contact with the victims.
- If he violates these terms in the next 10 years, Mr. Rushin shall be subject to arrest and incarceration to complete the remainder of his commuted sentence of ten years.