Mackenzie Shirilla, convicted of murdering her boyfriend Dominic Russo and their friend Davion Flanagan, is making a renewed effort to appeal her case to the Ohio Supreme Court. Shirilla, 22, was found guilty in 2023 of intentionally crashing her car into a building at nearly 100 mph two days before her 18th birthday. She is serving two concurrent sentences of 15 years to life, with her first parole eligibility in September 2037.
Shirilla's support team recently posted a selfie she took from prison on her Instagram, stating she is "trying to do better every day and holding on to hope." On Tuesday, her attorneys filed a motion asking the Ohio Supreme Court to reconsider a decision made last month that denied her post-conviction relief petition. This petition was considered her last legal avenue for freedom.
The post-conviction relief motion was dismissed by the appellate court because it was filed 366 days after the trial transcript was submitted, just one day past the filing deadline. The current motion argues that the deadlines were confusing and that Shirilla should have been granted more time due to the late filing of juvenile court transcripts.
Attorneys for Shirilla contend that a leap year calculation contributed to the missed deadline, suggesting this oversight amounts to ineffective assistance of counsel. "Her post conviction relief was denied due to a deadline technicality," Shirilla's support team wrote on Instagram. "The decision has nothing to do with the contents of it, it was unable to even be reviewed."
Shirilla's legal team previously pursued three appeals in lower courts, arguing that medical evidence indicated she suffered from a pre-existing condition, Postural Orthostatic Tachycardia Syndrome (POTS), which may have caused her to lose consciousness before the crash. They claimed her trial lawyers did not adequately investigate this possibility.
The fatal incident occurred on July 31, 2022. Prosecutors stated Shirilla deliberately drove her vehicle into the PLIDCO building in Strongsville, Ohio, amid a deteriorating relationship with Russo. Evidence presented at trial indicated the car was traveling at approximately 100 mph in a 35 mph zone, with the accelerator fully engaged and no brakes applied.
Flanagan and Russo died at the scene. Shirilla survived the crash but sustained severe injuries. She has referred to herself as a "third victim" and stated she does not need to be rehabilitated.
Judge Nancy Margaret Russo found Shirilla guilty, stating at the time, "This was not reckless driving - this was murder. She had a mission, and she executed it with precision."
The case garnered renewed attention following the release of the Netflix documentary "The Crash," which revisited the collision and included interviews with Shirilla from prison.