In response to the death of George Floyd, Virginia Beach City Council put out a letter essentially reassuring citizens that they were committed to racial justice and harm reduction.

But as long as Matthew Rushin is in prison, any declarations of commitment are merely reflective of a commitment to a political facade.

The justice system of Virginia Beach has professional protocol, a code of ethics, and professional training, and it is time to demonstrate an authentic dedication as far as Matthew Rushin is concerned.

Seventy-five thousand people are outraged. That number is growing.

When Black fatalities are piling up from police brutality, when Black lives line prisons, when an autistic Black college student is criminalized for having a disability– now is not the time to double down and throw up the best silver-tongued defense.

Now is the time to accept culpability and fix this.

Bring Matthew Home

Finally, amidst the repeated calls for accountability and justice, the Commonwealth Attorney issued a statement.

To whom, I don’t know. But, it appeared on the news the night of the 757 Black Lives Matter rally held to demand Matthew Rushin be issued a complete pardon. Only one sentence was read online, but the image of the full statement was pictured in the background. Here, it is transcribed.

For parallelism, I’ll break that statement up and give you the courtesy of directly addressing you and actually responding to you. Perhaps you could do the same in the future.

The Statement

Forensic evidence in this case proved that Mr. Rushin was accelerating toward the victims’ vehicle at the time of the collision, and he never applied the brakes. He was driving at the victims’ vehicle at full-speed with his foot all the way down on the accelerator.

I have your forensic report. I’ll be addressing that report in an upcoming article. Please stay tuned for that.

You would not receive this forensic evidence for several days after charging Matthew Rushin with attempted murder.

Another victim of the crash was interviewed by police and stated that he heard Mr. Rushin say he was trying to commit suicide. An officer on scene also heard Mr. Rushin again state that he was trying to kill himself.

Did they? Because you had seventeen officers on scene.

Seventeen. There exists twelve hours of body cam footage and a recorded interrogation from that night at the precinct.

My question to you, then, is how many times did an exasperated Matthew Rushin, having been interrogated for hours and hours, say with complete consistency and resolve and clarity that he did not mean to hurt someone and was not trying to kill himself?

Also, when you have body cams, why are you only taking witness testimony that conflicts with the VAST amount of testimony documented and collected? The amount of evidence is like a King-James-Version-sized volume of testimony.

Isn’t that called hearsay?

When you had hours and hours of documented footage of Matthew explaining that he was panicked and lost control, why have the one witness whose testimony contradicts all the other witnesses as the basis for an attempted murder charge?

Witness Testimony

How reliable is witness testimony?

Not at all. In fact, the poor validity of witness testimony is common knowledge for all officers and prosecutors.

You know this.

Memories are not YouTube

The memory is not like a video recording of events. Different parts of the brain store the information from a memory. The act of remembering is not reliving a moment with exactitude but reframing it with all the different components of a memory–conscious and subconscious– being pieced together like a puzzle that makes sense.

Autistic People Don’t Make Sense to Non-Autistic Metrics for Behavior

For autistic people, this is a problem. Our behavior doesn’t make sense to most people, so their memories of us are reconstructions that include a tremendous amount of subconscious bias.

Humans focus on, retain, and rearrange memories to meet their preconceived ideas and biases of what behavior means.

The act of remembering, says eminent memory researcher and psychologist Elizabeth F. Loftus of the University of California, Irvine, is “more akin to putting puzzle pieces together than retrieving a video recording.” Even questioning by a lawyer can alter the witness’s testimony because fragments of the memory may unknowingly be combined with information provided by the questioner, leading to inaccurate recall.

You know that 71%-78% of the wrongful convictions that are overturned due to DNA evidence were the result of faulty witness testimony?

Autistic people have the continuous experience of being misinterpreted. Our body language, our speech (or lack thereof), and our tone do not match the patterns of behavior people expect.

The Token Witness

But, let’s look at the one civilian witness (out of many) who said that Matthew stated he wanted to kill himself and examine critically for any indicators of bias.

Let’s also look at Matthew’s actions from the lens of an autistic person:

1. Officer T. Aicher
2. Sergeant Ball
3. Officer Cordingley
4. Officer J. Curtin
5. Officer J. Dolida
6. Officer J. Ford
7. Officer J. Hamlin
8. Officer K. Jones
9. Officer E. Kera
10. Officer C. Loveless
11. Officer A. Manner
12. Officer M. Mengel
13. Officer A. Murawski
14. Officer R. Nash
15. Officer M. Para
16. Officer M. Smith
17. Officer K. Tassa
18. Officer M. Taylor

Inter-Office Memorandums:

1. Officer C. J. Loveless to Detective J.M. Hosang and Officer C. K. Daley dated 01/2319
2. MPO E. Kera to Det. J. Hosang dated 01/09/19
3. Officer J.P. Dolida to Officer C.K. Daley dated 01/04/18
4. Ofc M. Mengel to Ofc. C. Daley and Det. J. Hosang dated 01/04/19
5. Ofc. A.T. Manner to Ofc. C.K. Daley dated 01/04/18
6. Officer J. Curtin to Officer C. Daley and Detective Hosang dated 01/09/19
7. Officer Taylor to Officer C. Daley and Detective Hosang dated 01/05/19
8. Ofc. G.F. Cordingley to Ofc. C. Daley dated 01/05/19
9. Officer M.M. Smith to Officer C.K. Daley dated 01/04/19
10. Officer R. Nash to Officer C. Daley dated 01/04/19
11. Officer K.E. Tassa to Officer C. K. Daley dated 01/05/19

Surveillance

While the point of impact was not captured on surveillance camera from nearby businesses, his driving at a high-rate of speed leading up to the crash was captured on multiple cameras. Two victims in this case were severely injured.

Was this footage (or the promise of it) not why a magistrate charged Matthew with attempted murder?

Driving at a high rate of speed (which, according to the footage was the norm for traffic) is not even a citation in this case, nor is it indicative of a literal attempt at murder. Does speeding indicate the will to murder someone?

And to shift tone for a minute, two people were injured. One will never regain the mobility and function he had before the accident. It is tragic. They did not deserve to have their lives disrupted in profound ways.

One has permanent brain damage and remained in a medical facility as of the sentencing hearing in November 2019. The sentencing hearing in Virginia Beach Circuit Court lasted several hours. The sentencing judge heard at length from both the Commonwealth and the defense before imposing the 10-year active sentence.

Once more, I am going to reiterate how tragic it was that a man was severely injured.

Why do we care how long the sentencing hearing lasted?

I want to know how long the review and consideration was before you charged Matthew Rushin with attempted murder.

So you’re saying that you really took a long time to decide how long you were going to put an autistic Black college student who had no prior record in prison, and that is supposed to make this less disturbing in what way?

Trust me, chief, I already figured out where your priorities are.

Contrary to what may be being asserted, the victims do not in any way feel that the sentence given was too harsh. In fact, based on the severity of the injuries suffered, they have expressed that the sentence was too lenient.

“Contrary to what may be being asserted…”

Why are you commenting on interpersonal conflict among victims’ families that happened months after the incident– that had absolutely zero to do with Matthew or the details of the accident– and choosing to comment on that, rather than on addressing your own police force’s gross misconduct?

Do you think that the seventy-five thousand people asking you why things happened the way they did for Matthew Rushin are asking you about this? Or is this another deflection?

The victims of an accident are entitled to their feelings. Their feelings are valid. Their pain is valid.

Those feelings, however, are not details of the case.

Curious Praise for the Defense

Rushin was represented by a defense team who are two of the most experienced attorneys in Virginia Beach with over 60 years’ experience between them. The defense team is certainly aware of the mechanisms within the court system to address mental health.

Why is Virginia Beach repeatedly playing hype man to the defense’s representation? This is an absolutely bizarre comment to make.

The seventy-five thousand people who are outraged over this injustice do not need a commercial for the skills level of the defense team. They need a commercial for your department’s commitment to equity.

Is it because Matthew’s defense was really great at protecting the interest of your force?

Inequity: Exhibit A

Virginia Beach Police Sergeant Margaret E. Hobbs, who was arrested for drunk driving with a two children, a 2-year-old and a 5-year-old, in the back seat of her car.

In an article from The Virginian Pilot entitled, “Virginia Beach police sergeant avoids jail time with DUI plea,” the incident is described:

Hobbs started to drive away but made a U-turn, came back and asked whether it was OK to leave the base. She did this two more times, which made the sentry suspicious, so he pulled her over, Linstroth said. A petty officer who was called to assist noticed Hobbs smelled of alcohol and had slurred speech. She nearly fell down several times while trying to perform a walk-and-turn sobriety test. She told the officer she was taking pain medication for a knee injury.

Hobbs was able to spend her 30 day sentence at home because her lawyer (Matthew’s lawyer) was able to “convince” the judge that because the officer was diabetic and needed to eat frequently, it was best she spend those thirty days at home.

And of course, that was granted.

This is an incident that demonstrates intent. It was a conscious choice to be incapacitated and drive. She couldn’t walk a straight line without falling she was so drunk– and using narcotics.

Matthew Rushin has a cyst on his brain that is causing him transient blindness. He is autistic with anxiety, ADHD, and autism diagnoses.

Prison isn’t good for him, but where was his defense? Where was the concern for his health?

Inequity: Exhibit B

Virginia Beach resident Eric Duane Kaba, who struck and killed a 23-year-old man in March.

According to Virginia State Police, the driver, identified as Virginia Beach resident Erick Duane Kaba, was traveling eastbound on I-64 when he lost control, went off the roadway, and drove through the median into the westbound lanes.

Sgt. Michelle Anaya of Virginia State Police say Kaba over-corrected back into the median, then struck an embankment at the overpass of Evans Street, which caused the vehicle to go airborne.

While the vehicle was airborne, it struck 23-year-old James C. Steinhauser, Jr. of Virginia Beach, who was standing on Evans Street. Officials say the victim died upon impact.

Kaba was taken to Norfolk Sentara Hospital with non life-threatening injuries.

So, Kaba was taken to a hospital. Matthew wasn’t.

Let’s look at some other details, here:

After two months of investigation, police arrested Kaba and charged him with DUI Involuntary manslaughter, driving under the influence of drugs, and driving while suspended/revoked third offense and received no bond.

So this guy, who had a suspended license, who was a repeat-offender, who literally killed someone with his airborne vehicle, is charged with involuntary manslaughter.

It took two months of investigation to issue these charges. It only took a few hours to charge Matthew.

Matthew had no priors. Matthew was sober. Matthew had a driver’s license. Matthew didn’t kill anyone.

Yet he was charged hours later with attempted murder…

But a three-time DUI offender with no driver’s license gets two months of deliberation and a charge of involuntary manslaughter?

This is what you need to respond to.

Until you start talking about it, we will continue to talk about it. Let’s put everything in the light.

We Demand an Explanation

We all do. Seventy-five thousand of us need you to explain your own department and city’s actions.

Insanity, Indeed

An insanity defense, which was never raised or presented by defense, would have required that Mr. Rushin did not understand the nature and wrongfulness of his actions. It’s important to point out that Mr. Rushin was an employed engineering student at ODU.

Let’s break this down.

First of all, an insanity defense is successful in about one out of a thousand cases in Virginia. So, again, you respond with meaningless deflection to absolve your department of gross negligence and injustice.

Is this how NAMI wants you to approach mental illness?

Could you tell the City of Virginia Beach how many tax dollars are invested in your autism and mental health fail-safes designed to keep people with mental illnesses and developmental disabilities from ending up in the judicial system for symptoms of those illnesses and disabilities?

But here’s the thing that really gets me. One more time, for the people in the back:

It’s important to point out that Mr. Rushin was an employed engineering student at ODU.

SAY, WHAT?!

If Matthew can make a sandwich and do math, he isn’t really disabled? Is that your knowledge of autism? Traumatic brain injury? PTSD? Anxiety? ADHD? Meltdowns? PTSD flashbacks?

This is a reflection of one of two things:

1. Your gross incompetence at understanding autism and mental illness– when autism makes up a larger percentage of the population than people with red hair or people with green eyes– makes you utterly unsuited to be a part of the “justice” system, or
2. You are trying to leverage public ignorance and dog-whistling to people who will be complicit in backing up your racism and ableism because you think that your population is full of enough “useful idiots” to get away with what is tantamount to murder.

Are you trying to say that disabled people are incapable of achievement, and if they’re not incapable, then they don’t get to have their disability acknowledged?

Disability: A Matter the Virginia Beach Judicial System Litigates

Then why did Sergeant Hobbs get to forfeit her jail time because of a disability? Because she was competent to know right from wrong when she got behind the wheel with a 2-year-old and a 5-year-old while so hammered she couldn’t walk. That’s an act of intent.

In fact, her excess drinking in combination with type 1 diabetes made driving far more dangerous due to her disability.

Where is her responsibility for her choices?

This. Ends. Now.

Mr. Rushin was charged with aggravated malicious wounding, and those charges were reduced to malicious wounding after the defense team approached the prosecution with proposed plea offer. The evidence strongly supported convictions for malicious wounding, as this was an intentional act. Based on a thorough review of evidence in this case, the Commonwealth rejects the assertion by Mr. Rushin’s family that this was simply a traffic accident.

Let’s get this straight:

Mr. Rushin was charged with aggravated malicious wounding, [ no, he was charged with 2nd degree attempted murder ] and those charges were reduced to malicious wounding after the defense team approached the prosecution with proposed plea offer.

You said it, not me.

Matthew’s defense team came up with that offer.

That’s all anyone in the world would need to know in order to know that Matthew was not represented by competent counsel.

I can understand why you have a hard time telling Matthew’s defense apart from the prosecutors. It’s hard to tell where one ends and one begins.

But hey, it’s all one team for you. Is that why Matthew’s lawyer was promoted to judge after his plea was entered?

If your review had, in fact, been as “thorough” as you claim, then you’d know that he was charged with 2nd degree attempted murder, which carries a maximum sentence of ten years. The defense approached prosecution with two counts of malicious wounding, each carrying a maximum sentence of twenty years, plus a hit-and-run tacked on to round it out to a full half a century.

Everyone seems to have conspired to make sure that Matthew never had a chance at a fair trial. He wasn’t granted bond. Matthew would not have been convicted of attempted murder in any fair court.

The average life span for autistic people is 38.

But Matthew thought he was going home to his mother, so he signed that paper. His mom asked him the other day, on a phone call from prison, if he understood the plea deal.

He asked her, “You mean that thing I signed so I could come home?”

Thorough

There are thousands of pages of documentation to go along with the case, and 12 hours of body cam footage.

Please don’t insult 75,000 people calling for justice, and your constituents, by claiming your review was “thorough.”

You didn’t even get the one-paragraph summary right. Instead, you mentioned public-facing gossip and spouted some ableist canards to remind ableists that people who can do math and make a sandwich aren’t really disabled.

You know what words you didn’t say in your response full of platitudes:

Autism
PTSD
Traumatic Brain Injury
Black
Brain cyst
Vestibular instability
Sensory processing disorder
Hospital
Crisis intervention team
Training
Discrimination
Racism
Ableism
ADHD

Simply:

No, this was not “simply” a traffic accident. How about you show people the respect they damn well deserve and stop reducing a human rights issue to deflective platitudes, yeah?

It was a complicated case compounded by the weight of  20 years of prejudice under the pressure of people who think that if you can make a sandwich and you can do math, then you are also capable of doing everything– and not being able to do everything without making a mistake is not only a moral failing, but apparently the equivalent of attempted murder.

Because when Kaba got in his car with a suspended license with three DUIs, drunk and stoned, and killed someone– it was “involuntary manslaughter.” Involuntary. An accident.

When VBPD Sergeant Hobbs wanted to risk her children’s lives by driving with them while she was so drunk and impaired by opioids that she was unable to walk, she received so much sympathy that she didn’t even have to go to jail for her mere 30-day sentence.

Matthew was a model citizen. He was actively anti-violence. He was disabled. He made mistakes. That is regrettable. He shouldn’t drive again.

But he is not a violent offender. He is not violent, period.

You are violent.

What does having Matthew in prison benefit society? What does him being locked in a cage do for the world? In what way is this justice?

His disability, his brain injury, and his PTSD factored into this accident– in reality and in everyone’s mind who is not a sadistic, racist, ableist– but your department never even allowed him to see a doctor.

You violated protocol. Your “thorough” review was not thorough. Your response reflects how little your investment is in finding the truth or in taking a critical look at your police department.

A vulnerable, autistic Black young man that was characterized at sentencing as lacking in maturity, impulsive, and having PTSD, traumatic brain injury, a cyst on his brain, and needing comprehensive psychiatric care– and you deem yourself qualified to understand the implications for the interaction of those diagnoses?

He could make a sandwich, so hey, he was competent to enter a plea that increased his maximum sentence length by four whole decades (double the entire length of his life), right?

Answer One Question

I want to know the answer to one question, above all.

On January 4, 2019, when a battalion of officers interrogated him on scene, could Matthew Rushin have done math? That night, was he capable of even the simple task of making a sandwich?

If the answer is no, then you need to look at your ableism and your gross incompetence, and you need to pursue justice to ensure that Matthew Rushin is not criminalized for having a medically valid crisis.

Seventy-five thousand people are waiting for an explanation.

To Sign the Petition to Governor Northam, click here.

To learn more about this case, read these articles:

Part 1, Details of the accident (June 2020)

Part 2, Details of Virginia Beach’s Police Dept autism & mental health training (June 2020)

Part 3, Matthew in jail because he’s black & autistic (June 2020)

Part 4, Meet Matthew Rushin (June 2020)

And “I Know Why Matthew Said He Wished He Was Dead”

To see the complete action pack and learn more about how you can help, click here.

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Terra Vance

I’m an industrial and organizational psychology consultant, parent, former language arts teacher, former DBT counselor, and founder and CEO of NeuroClastic. My passions are in social justice, diversity, inclusion, literature, science, and disability rights. I’m an unpaid volunteer. If my writing has been meaningful to you, you can
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