The governor of Virginia has granted a conditional pardon to a Black man with autism who is serving a 10-year prison sentence for two car crashes that injured two people in January 2019.

Virginia Beach native Matthew Rushin, 22, could be released as early as next spring thanks to Gov. Ralph Northam’s special pardon on Monday, CNN reported. Rushin pleaded guilty without trial in August 2019 for his role in the two car crashes, and was sentenced to 50 years in prison, with a judge suspending 40 years from it.

Governor Northam has granted a conditional and partial pardon to #MatthewRushin, who was sentenced to 10 years for a 3-car crash last year that severely injured a 77-year-old man. With the partial pardon, he should be released sometime next spring. #13NewsNow
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— Ashley Smith 13News Now (@13AshleySmith) November 10, 2020

"Mr. Rushin was sentenced for 50 years, despite sentencing guidelines that call for a sentence of two years, seven months up to six years, four months," Alena Yarmosky, a spokesperson for the governor, told CNN. "Governor Northam's conditional pardon aligns Mr. Rushin's sentence with these sentencing guidelines."

On January 4, 2019, Rushin was running an errand to pick up baked goods at a local Panera when he hit a moving vehicle in the parking lot. After fleeing the scene, the 22-year-old drove into oncoming traffic and hit another vehicle, which resulted in two people suffering critical injuries.

Prosecutors said when officers responded to the incident, Rushin exited his vehicle and stated that he wanted to kill himself, according to CNN. In the subsequent investigation into the crash, it was revealed that the 22-year-old was driving approximately 65 mph and did not apply his brakes prior to impact.

George and Danna Cusick were both hurt in the January collision but the former sustained a disabling injury, Rushin’s attorney, Miriam Airington-Fisher, told NBC News.

Airington-Fisher said she argued that the accident was unintentional, but prosecutors countered that Rushin attempted to commit suicide by driving into traffic.

“If they had taken Matthew to the hospital, he probably would have been exonerated,” she said.

Virginia attorney Colin D. Stolle issued a statement acknowledging that his office was informed of the governor's plans last week. Stolle offered his sympathy to the crash victims and said the sentence originally ordered by the court was "appropriate."

"Our hearts go out to the victims and their families in this case for the ongoing pain and legal process that they have had to endure," Stolle said. "While it certainly is within the governor's authority to do so, this office believes that the sentence imposed by the court was appropriate, just and fair."

Despite Stolle’s stance, Rushin’s mother, Lavern, has led a nearly two-year social media awareness drive to campaign for the release of her son, whom she said is innocent.

“Every day he lived behind bars, we lived behind bars,” she told NBC News. “We felt his every pain and despair, we wish we could take away the victims’ pain because we know he feels it every day.”

Lavern created a GoFundMe campaign that has raised more than $115,000 in donations for legal fees. She also posted an online petition that collected nearly 250,000 signatures seeking her son’s release, per NBC News.

She said her son’s early release would not have been a reality without the “overwhelming support” from concerned community members, the disability community, and stars like actress Jamie Lee Curtis, NBA legend Dominique Wilkins and Tina Lawson.

According to NBC News, Rushin’s conviction will not be overturned, or expunged but he will be released "no earlier than Spring 2021.”

His pardon will hinge upon an approved home plan with a parole officer assigned to the plan for five years.

Rushin is mandated to participate in mental health counseling programs and substance abuse evaluations. The governor's office said Rushin is also banned from driving for life, and is not allowed to own a firearm or reach out to the victims.

Violation of the stipulations will put Rushin back into prison to finish the rest of his initial sentence, NBC News reported.

While Lavern was overjoyed to hear the news of her son's release, she said there are still many obstacles in the criminal justice system that need to be addressed before people with disabilities experience fairness in the system.

“My hope is that we continue to look at the criminal justice system and change it, not only for my son, but for the hundreds of Matthew’s out there — people with autism or people with other physical and mental disabilities in prison,” she said.

George-and-Dana-Cusick

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