Mackenzie Shirilla, convicted of murdering two friends by intentionally crashing a car at high speed, is seeking a new trial, alleging that her constitutional rights were violated during her original proceedings. The 22-year-old was sentenced to 15 years to life in prison for the deaths of Dominic Russo, 20, and Davion Flanagan, 19.
Shirilla's current defense attorneys filed a habeas corpus petition arguing that her trial lawyers were ineffective and failed to present crucial evidence. According to the petition, the defense did not call expert witnesses who could have testified about Shirilla's Postural Orthostatic Tachycardia Syndrome (POTS) diagnosis, which could cause fainting. Medical records detailing her condition were also reportedly not presented.
Furthermore, the petition claims that Shirilla's case was improperly transferred from juvenile court to adult court, a move her trial attorneys failed to challenge effectively. This failure, the new lawyers argue, violated her constitutional rights to due process, to confront witnesses, and to effective counsel.
Prosecutors contended that Shirilla deliberately drove her Toyota Camry into a building at nearly 100 mph on July 31, 2022, as her relationship with Russo deteriorated. Evidence presented at trial indicated the vehicle was traveling at 100 mph in a 35 mph zone, with the accelerator fully engaged and no brakes applied before the crash. First responders described the scene as one of the worst crashes they had ever witnessed, with the vehicle split in half.
Shirilla has maintained her innocence, calling herself a "third victim" and stating the crash was not intentional. In 2023, Judge Nancy Margaret Russo found her guilty, stating, "This was not reckless driving - this was murder." Shirilla's first chance at parole is scheduled for September 2037.
The new defense team's arguments echo some claims previously rejected by an appeals court, including insufficient evidence for a murder conviction and that she should not have faced trial as an adult. The petition asserts that speeding does not prove intent or recklessness required for aggravated vehicular homicide charges. Attorneys also alleged that a coroner's report was altered to classify the deaths as homicides at the police's request and that the medical examiners who testified did not perform the autopsies. However, trial lawyers reportedly did not object to a deputy medical examiner testifying or to changes in the coroner's report.
Additional arguments include the failure to present text messages suggesting Russo may have been the aggressor in a prior driving incident, and the withholding of evidence that Shirilla was at the crash location to pick up pre-ordered produce, which could have provided an innocent explanation for her presence. The trial lawyers also allegedly missed the deadline for a post-conviction relief filing by one day.
Separate petitions are still pending in the Ohio Supreme Court and the Ohio's 8th District Court of Appeals, challenging the conviction based on late filings and ineffective counsel. The recent release of a Netflix documentary, "The Crash," has also brought renewed attention to the case.