Ohio Supreme Court denies Mackenzie Shirilla's latest appeal bid in double murder case

Convicted murderer Mackenzie Shirilla has been dealt another setback in court after the Ohio Supreme Court refused to reconsider its decision not to take up her latest appeal.

Shirilla, 21, is serving two concurrent sentences of 15 years to life in prison for the deaths of her boyfriend, 20-year-old Dominic Russo, and their friend, 19-year-old Davion Flanagan. Prosecutors said she deliberately crashed her Toyota Camry into a brick building in Strongsville, Ohio, in 2022.

Court records show Chief Justice Sharon Kennedy denied Shirilla’s motion for reconsideration after her lawyers urged the state’s highest court to revisit its June 23 decision declining to review the case.

“It is ordered by the court that the motion for reconsideration in this case is denied,” Kennedy wrote.

Mackenzie Shirilla

Convicted killer Mackenzie Shirilla has obtained a prison job while serving a life sentence for the 2022 crash that killed her boyfriend and their friend, Ohio prison officials confirmed to News Outlet. (Ohio Department of Rehabilitation and Correction)

The decision issued Tuesday keeps in place a lower-court ruling that found Shirilla’s postconviction challenge was submitted one day after the deadline.

Her attorneys have maintained that the late filing stemmed from confusion over the timeline, including a calendar error tied to the 2024 leap year.

The postconviction challenge sought to raise claims that Shirilla received ineffective assistance of counsel, including an argument that her trial lawyers failed to adequately investigate evidence that she suffered from Postural Orthostatic Tachycardia Syndrome, or POTS.

Her attorneys have argued that the condition could have caused Shirilla to lose consciousness before the crash and potentially explain why she failed to brake before impact.

Mackenzie Shirilla

Mackenzie Shirilla makes a statement to the court during her sentencing in the Cuyahoga County Common Pleas Court in Cleveland, Ohio on Monday, August 21, 2023. (Law&Crime livestream)

The defense previously said the condition was only “cursorily referenced” at trial despite Shirilla and her family allegedly putting her attorneys on notice about it.

The latest court decisions, however, have focused on whether Shirilla’s postconviction petition was filed on time rather than the merits of those arguments.

Under Ohio law, a postconviction petition must generally be filed within 365 days after the trial transcript is filed in the court of appeals. The court determined that the relevant transcript was filed Oct. 24, 2023, making the deadline Oct. 23, 2024.

Shirilla filed her petition on Oct. 24, 2024, the 366th day.

Shirilla argued that the clock should have started later, when juvenile bindover transcripts were filed, and also pointed to the 2024 leap year. The appellate court rejected both arguments, finding that the statute refers to the “trial transcript,” not supplemental juvenile-hearing transcripts, and that the law provides 365 days, not a calendar year.

Mackenzie Shirilla

Mackenzie Shirilla is serving two concurrent sentences of 15 years to life for the deaths of her boyfriend, Dominic Russo, and their friend, Davion Flanagan. (Ohio Department of Rehabilitation and Correction)

Her attorneys later asked the Ohio Supreme Court to review the case. The state’s highest court declined to accept jurisdiction June 23 before Shirilla’s legal team asked the justices to reconsider that decision.

Shirilla’s case has received renewed public attention following the release of Netflix’s “The Crash.”

Shirilla was convicted in 2023 after a bench trial of four counts of murder, four counts of felonious assault and two counts of aggravated vehicular homicide.

Prosecutors argued at trial that Shirilla intentionally drove into the building to end her toxic relationship with Russo and that Flanagan was an unintended victim who happened to be in the car.

Mackenzie Shirlla and Dominic Russo

Mackenzie Shirlla, now 19, was convicted Monday of intentionally crashing her car into a brick wall to kill her boyfriend, Dominic Russo and his friend, Davion Flanagan. Shirilla posted the photo to Russo’s online obituary. (Legacy.com)

Evidence presented in the case included surveillance video, vehicle “black box” data and evidence that Shirilla’s car was traveling nearly 100 mph without braking before the crash, according to WOIO.

Shirilla has maintained that the crash was not intentional.

Her convictions were upheld on direct appeal in 2024.

News Outlet has reached out to Shirilla’s attorney for comment.

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like

Ex-Indiana deputy charged with felony for allegedly using Flock cameras to stalk girlfriend

Former Indiana Deputy Charged With Felony for Allegedly Using Flock Cameras to Stalk Girlfriend

Dozens of police officers accused of misusing Flock camera database Fox News…
Tiger Woods expected to change not guilty plea in Florida DUI case, court records show

Court Records Show Tiger Woods Set to Change DUI Plea in Florida

Tiger Woods is preparing to change his not guilty plea in a…
Massive chemical fire erupts at electrical transformer plant in Mississippi, forcing evacuation

Chemical Fire at Mississippi Transformer Plant Forces Evacuations

A large chemical fire sent towering flames and dense black smoke over…
Americans 'focus too much on Sept. 11' say one in eight Dems

Poll: 1 in 8 Democrats Say U.S. Focuses Too Much on 9/11

A new YouGov poll released ahead of the 25th anniversary of the…
Chicago shootings: Mayor Brandon Johnson responds to President Donald Trump's comments on Chicago violence

Chicago Shootings: Mayor Brandon Johnson Responds to Trump’s Remarks on City Violence

CHICAGO () — Chicago Mayor Brandon Johnson on Tuesday pushed back sharply…
Tony Romo was Allegedly Twice the Legal BAC Limit During Arrest

Tony Romo Arrest Report Claims BAC Was Twice the Legal Limit

Former NFL quarterback and broadcaster Tony Romo was allegedly under the influence…
How Super El Niño could spike food prices by double-digits

Super El Niño Could Trigger Double-Digit Food Price Spikes

A strengthening “Super El Niño” could upend weather patterns around the world…
Lindsay Clancy jury says they are deadlocked, judge tells them to continue deliberations

Lindsay Clancy Jury Deadlocked; Judge Orders More Deliberation

PLYMOUTH, Mass. – Deliberations in the high-profile Lindsay Clancy murder trial hit…
Congress passes funding bill to avoid October shutdown, pushing fight past midterms

Congress Passes Funding Bill to Avert October Shutdown, Delays Budget Fight Until After Midterms

Washington — The House voted Tuesday to keep the federal government funded…
How McDonald's Big Mac proves Americans are much richer than most Europeans

Big Mac Index Shows Americans Are Richer Than Most Europeans

Americans’ spending power towers over that of many Europeans — and one…
Illegal immigrant Alexis Cedillos-Campos allegedly stabbed Virginia co-worker Carmen Puch after she exposed their affair to his girlfriend

Alexis Cedillos-Campos Accused of Stabbing Carmen Puch Over Affair

A Salvadoran immigrant accused in the fatal stabbing of a co-worker near…
Locals torch migrant shelters as Spain's PM points blame beyond the border

Spanish Residents Torch Migrant Shelters as PM Sánchez Blames Forces Abroad

Tensions in Spain’s North African enclave of Ceuta boiled over after residents…