The Ohio Supreme Court has declined to review an appeal from Mackenzie Shirilla, who is serving a life sentence for a fatal 2022 crash. The court's decision on June 23 leaves intact a lower court's ruling that dismissed Shirilla's postconviction petition because it was filed one day after the deadline.
Shirilla, now 21, was convicted of murder and other charges for intentionally crashing her Toyota Camry into a brick building in Strongsville, Ohio, on July 31, 2022. The crash resulted in the deaths of her boyfriend, Dominic Russo, 20, and his friend, Davion Flanagan, 19. Prosecutors argued that Shirilla deliberately drove into the building to end her relationship with Russo, with Flanagan being an unintended victim.
Shirilla has maintained that the crash was not intentional. Her case has gained renewed attention following the release of Netflix's new series, "The Crash."
Following the Netflix docuseries, Shirilla's legal team filed an appeal with the Ohio Supreme Court. They argued that her trial attorneys failed to adequately investigate evidence suggesting she suffered from Postural Orthostatic Tachycardia Syndrome (POTS), a condition they claim could have caused her to lose consciousness before the crash. The defense stated that the condition was only "cursorily referenced" at trial, despite informing her attorneys. They contended that trial counsel should have investigated further and sought expert testimony to determine if POTS could explain her failure to brake before impact.
The Cuyahoga County Prosecutor's office maintains that Mackenzie Shirilla is guilty of murder. Her convictions were previously upheld on direct appeal in 2024.
However, an appeals court found that Shirilla missed the statutory deadline for filing her postconviction petition. Under Ohio law, such petitions generally must be filed within 365 days after the trial transcript is filed in the court of appeals. The court noted that the relevant transcript was filed on October 24, 2023, making the deadline October 23, 2024. Shirilla's petition was filed on October 24, 2024, the 366th day.
Shirilla's lawyers argued that the deadline should have started later, based on the filing of juvenile bindover transcripts, and also cited the leap year in 2024. The appellate court rejected both arguments, stating that the law refers to the "trial transcript" and specifies 365 days, not a calendar year. The court also declined to excuse the late filing on fairness grounds, asserting that the deadline is jurisdictional and no statutory exceptions applied.