Mackenzie Shirilla prosecutor speaks out on prisoner's guilt in blistering new statement

The case of Mackenzie Shirilla has continued to rage on, with Netflix’s The Crash raising major questions about the 21-year-old’s case.

Mackenzie is currently serving two concurrent sentences for murder that will range between 15 years and life after a 100-mph crash that claimed the life of her boyfriend Dominic Russo and his friend Davion Flanagan.

The Crash has led to renewed interest in the case and her dad, Steve Shirilla, being placed on administrative leave shortly after clips of his interview in the doc went viral.

Dominic Russo’s sister Christine Russo has been outspoken in her calls to introduce ‘Dom’s Law’, which would prevent Mackenzie from profiting off her infamy if she were ever released from prison.

The prosecutor’s office responsible for her being found guilty of murder and subsequently sentenced to a maximum of life in prison have spoken out with a blistering new statement after calls from Mackenzie’s family for the case to be reviewed.

What is Mackenzie’s legal status right now and is a further appeal possible?

Mackenzie was found guilty on two count of murders along with a litany of other charges (Ohio Reformatory for Women)

Mackenzie’s will not be up for parole until 2037 and, whilst an appeal to overturn her conviction was unsuccessful after her legal team filed the documents one day late, her family have been adamant they will be trying to appeal the conviction again.

Speaking in the documentary, Mackenzie’s mum Natalie Shirilla says: “We’re gonna fight, fight, fight… If I have to drive to the White House, I’ll take it all the way to the Supreme Court if I have to.”

Davion Flanagan and Dominic Russo both died when a car Mackenzie Shirilla was driving with them in it crashed into a wall at 100mph (Netflix)

The late filing came as a result of a misunderstanding of the rules, with Mackenzie’s legal team filing them exactly one year to the day. This missed the 365 day guideline by one day because 2024 was a leap year.

Whilst it is not impossible for Mackenzie to appeal her conviction again, it is incredibly unlikely.

She can technically file an appeal to the Ohio Supreme Court, which denied her due to the late filing, but they are unlikely to hear her case.

The 21-year-old could technically take things to federal court, but this would require her to make a constitutional claim, such as ineffective legal counsel due to the missed filling.

What have prosecutors said about rumours of an appeal in Mackenzie’s case?

The prosecution of Mackenzie’s case was handled by the Cuyahoga County Prosecutor’s Office in Ohio, with Assistant Prosecutor Tim Troupp acting as first chair for the prosecution.

Speaking in the documentary, Troupp said: “This wasn’t reckless driving. This was murder.”

Tim Troup in The Crash (Netflix)

Troupp argued in court that ‘there is no doubt that this happened because of the relationship with Dominic, and the defendant’s intent was clearly to end that, and she took everybody that was in the car with her.’

In a new statement, a spokesperson for the Cuyahoga County Prosecutor’s Office said: "Prosecutor [Michael C. O’Malley, the county Prosecutor] believes without question that Mackenzie Shirilla is guilty of murder. We are confident that any court that reviews this case will come to the same conclusion."

What is Mackenzie Shirilla’s argument for an appeal or review of her case?

Mackenzie’s appeal is often overlooked due to it being denied for being filed a day late, but it was ironically focused on how she was not provided ‘effective legal counsel’.

Her original case’s defence hinged on the idea that, rather than her intentionally driving into the wall, she had a medical incident related to her POTS diagnosis.

This was not supported by a medical professional in the original trial, and in the appeal documents a doctor it was possible she had a medical incident that caused the crash.

Kamal Chemali MD, a Professor of Neurology from Cleveland examined her medical records and claimed that the evidence is 'consistent with Ms. Shirilla having a medical episode' to a 'reasonable degree of scientific and medical certainty'.

He pointed to her lack of concussion or head trauma, combined with her lack of memory of the crash, alongside other factors such as her lactate levels and low blood oxygen as signs that he believes she likely had a ‘seizure episode with a loss of consciousness.’