New federal habeas petition: Mackenzie Shirilla’s current lawyer asks a judge to overturn her 2023 murder conviction, citing ineffective counsel, improperly admitted evidence and an allegedly unlawful transfer from juvenile to adult court. The petition says the defense failed to present evidence that Shirilla may have been in the crash area to pick up groceries — a fact that could provide an innocent explanation for her location that morning. Shirilla was convicted in the July 31, 2022 crash that killed two passengers and is serving concurrent 15-to-life terms, with parole eligibility in 2037.
New Lawyer Asks Court To Overturn Mackenzie Shirilla’s 2023 Murder Conviction, Citing Rights Violations
Mackenzie Shirilla; Mackenzie Shirilla crash scene.Credit: Courtesy of Netflix; Cuyahoga County Prosecutor's Office
Mackenzie Shirilla’s new attorney has filed a federal petition seeking to overturn her 2023 convictions in the fatal Strongsville, Ohio, crash that killed two young men. The habeas corpus petition alleges several constitutional defects at trial, including ineffective assistance of counsel, improperly admitted evidence and an unconstitutional transfer of the case from juvenile to adult court.
What the petition alleges:
The filing argues that Shirilla’s trial team failed to present potentially exculpatory evidence that could explain why the then-17-year-old was driving in the remote area where the crash occurred. Specifically, the petition says defense counsel had proof that a nearby grocer left a package of produce for Shirilla at a 24-hour store pickup spot close to the crash site — evidence the new attorney says would have offered a benign reason for her presence there that morning.
Mackenzie ShirillaCredit: Netflix
The petition also cites the prior defense’s decision not to call an expert on postural orthostatic tachycardia syndrome (POTS), a condition the defense said could cause dizziness or fainting. The new lawyer contends that failing to present expert testimony on POTS amounted to ineffective assistance of counsel. Other claims include insufficient probable cause before charging and the improper admission of certain materials at trial.
Background and legal status
Prosecutors say Shirilla deliberately drove her vehicle head-on into a brick building at more than 100 mph during the early morning hours of July 31, 2022, killing her boyfriend, Dominic Russo, 20, and friend Davion Flanagan, 19. Shirilla survived and was taken to a hospital.
Mackenzie Shirilla crash sceneCredit: Cuyahoga County Prosecutor's Office
In August 2023, jurors convicted Shirilla on multiple counts, and a judge sentenced her that month to concurrent terms of 15 years to life. She is incarcerated at the Ohio Reformatory for Women and, under her current sentences, is eligible for parole in 2037.
Shirilla’s team previously filed three state-level challenges — two in Cuyahoga County Court and one to Ohio’s Eighth District Court of Appeals — all of which were denied. This federal habeas filing follows the Eighth District’s 2024 opinion upholding her conviction. The case returned to broader public attention after the May release of the Netflix documentary The Crash, which examined the crash, the investigation and the trial.
Next steps: A federal judge will review the habeas petition to determine whether Shirilla’s constitutional claims warrant relief, which could include a new trial or other remedies if the court finds serious legal errors.
Names and Dates: Crash: July 31, 2022. Sentencing: August 21, 2023. Parole Eligibility: 2037. Victims: Dominic Russo, 20, and Davion Flanagan, 19.
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