A recent effort by Mackenzie Shirilla to have Ohio’s highest court examine her latest appeal has been unsuccessful. The Ohio Supreme Court chose not to accept jurisdiction in Shirilla’s case, thereby affirming a lower court's decision that had dismissed her postconviction petition for being submitted a day beyond the legal deadline.
In an entry filed on June 23, the court stated that it had reviewed the jurisdictional documents but would not proceed with the case. Chief Justice Sharon L. Kennedy signed the order.
Shirilla’s legal situation has garnered renewed public attention following the release of the Netflix docuseries, "The Crash."
Background of the Case and Conviction
Shirilla, now 21, is currently serving two concurrent sentences of 15 years to life in prison. Her conviction stems from the deaths of her boyfriend, Dominic Russo, 20, and their friend, Davion Flanagan, 19. Prosecutors contended that Shirilla intentionally crashed her Toyota Camry into a brick building in Strongsville, Ohio, on July 31, 2022.
Following a bench trial, she was found guilty of four counts of murder, four counts of felonious assault, and two counts of aggravated vehicular homicide. During the trial, prosecutors argued that Shirilla deliberately caused the collision to end what they described as a toxic relationship with Russo, and that Flanagan was an unintended victim who happened to be present in the vehicle.
Defense Arguments and Prosecutor's Stance
Since the release of the docuseries, Shirilla’s legal team filed an appeal with the Ohio Supreme Court. They asserted that her trial attorneys failed to adequately investigate evidence suggesting she suffered from Postural Orthostatic Tachycardia Syndrome, or POTS. According to the defense, this medical condition could have caused her to lose consciousness prior to the fatal crash.
The defense maintained that while Shirilla and her family allegedly informed her initial attorneys about POTS, the condition was only "cursorily referenced" during the trial. Her current lawyers argued that trial counsel should have conducted a more thorough investigation and secured expert testimony to determine if POTS could explain Shirilla’s failure to apply the brakes before impact.
Cuyahoga County Prosecutor Michael O’Malley "believes without question that Mackenzie Shirilla is guilty of murder," his office communicated in a statement on May 27.
The Missed Filing Deadline
Shirilla's convictions had already been upheld on direct appeal in 2024, but the appellate court noted that her postconviction petition had missed the statutory deadline. Under Ohio law, a postconviction petition must generally be filed within 365 days after the trial transcript is submitted to the court of appeals.
The court determined that the relevant transcript was filed on October 24, 2023, establishing October 23, 2024, as the deadline. Shirilla’s petition was filed on October 24, 2024, making it the 366th day.
Shirilla’s defense contended that the filing period should have commenced later, specifically when juvenile bindover transcripts were filed, and also cited the 2024 leap year as a factor. However, the appellate court dismissed both arguments. The court found that the statute specifically refers to the "trial transcript," not supplementary juvenile-hearing transcripts, and that the law explicitly states "365 days," not a full calendar year.
Furthermore, the court declined to excuse the late filing on the grounds of fairness, asserting that the deadline is jurisdictional and Shirilla had not met any of the statutory exceptions for an extension.
