Viewers have been sifting through details about the latest of a case that was the subject in Netflix’s latest true crime documentary.
The Crash remains the streamer’s number one film at the time of writing, a few days after it was first released. Viewers have been gripped by the extraordinary case that begins after a car slammed into a wall at 100mph.
Its passengers, Dominic Russo, 20, and friend Davion Flanagan, 19, died at the scene. 17-year-old Mackenzie Shirilla was at the wheel and managed to survive. She was left seriously injured.
While at first police thought it was a tragic accident, Shirilla was later arrested and charged with murder. During a bench trial in August 2023, prosecutors argued that she intentionally crashed the car.
She was ultimately found guilty on all charges by the judge, who sentenced her to two 15-to-life sentences with the possibility of parole.
View 2 ImagesHer legal team tried to argue there was not enough evidence(Image: WKYC)
Mackenzie Shirilla and her legal team have attempted to appeal her conviction more than once. They have tried to file two appeals but both were denied.
The first appeal was issued not long after the trial finished in September 2023. They argued that there was not enough evidence for the conviction and also claimed multiple clerical errors were made over the course of the trial. This was denied and her conviction upheld.
A second appeal attempt was made in October 2024 but it failed on a nearly unbelievable technicality – it was filed a day late. Mackenzie’s representatives argued that they should have been given an extra day as 2024 was a leap year but this did not convince the court.
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In their decision, the court said: “Because the appellant filed the petition on the 366th day following the filing of the trial transcript, the trial court was without jurisdiction to consider the merits of the claims, and the application of equitable tolling is prohibited in the context of this jurisdictional bar.”
According to NBC News, the Eighth District Court of Appeals affirmed the ruling denied the 2024 petition in March this year. In May 2025, the Supreme Court of Ohio declined to review the appeal. Shirilla will have to wait for her first chance at a parole hearing, which won’t be until 2037.
View 2 ImagesA parole hearing will not be held until 2037(Image: Netflix)
Her parents have said they will continue to fight for her release and maintain her innocence. Meanwhile the families of Davion and Dominic, have explained how painful the continuing appeals have been.
Scott Flanagan, Davion’s father, wrote on Facebook in January: “It seriously never ends. How many chances does she get when our son and Dominic didn’t get a single one?
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“It’s like a scab being constantly ripped off when all we want to do is heal the loss of our son and forget all about the horrible person who ended his life.”
The Crash is streaming on Netflix.