In criminal cases, the burden of proof requires concrete evidence of intent, and when key evidence like black box data is incomplete or unavailable, prosecutors may rely on speculation rather than factual proof, potentially leading to unjust convictions.
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True Crime This Week - Interview with Steven ShirillaAdded:
In the early morning hours of July 31st, 2022, 17-year-old McKenzie Sharilla was driving a car uh through Strongsville, Ohio. This is around 5 5:30 in the morning. And in the car with her was Dominic Russo, her boyfriend, and their friend Davon Flanigan. Now, what happened next uh with the accident and uh McKenzie being charged with their murder is the subject of a new Netflix documentary called The Crash. And maybe you've had time to watch it and form your own opinion as to what you think happened in the car that night. Uh I um I have my own thoughts on this and uh when the documentary was being produced, I heard from uh McKenzie's parents, Kenzie's parents, and never had the opportunity to sit down with them, but uh Steve McKenzie's father reached out to me last week and asked if I'd be interested in an interview. And of course, of course, I want to I want to hear what he has to say. So, I sat down with him yesterday and uh we spoke for about an hour and uh I want to share that interview with you today. I did learn some new things. There are some new facts about the case that I didn't know that certainly causes me to um not really change my opinion, but uh uh it it does change the way I see the accident itself. So, uh, without saying more, uh, here is the interview with Kenzie Sharilla's father, uh, Steve.
>> Steve, my my my first question is, uh, what is it like to be a part of the biggest documentary on Netflix currently?
>> Wow, that's it's it's mixed. Um, I I was hoping during this process we would get Mackenzie's story out or what happened to McKenzie and not necessarily what everybody's heard or what everybody keeps gleaming off of misinformation.
Um, and I was I want to say I was promised that it would be fair, but that's what it that's what my illusion to what was going on that I thought they I thought they came to us um thinking that my daughter is a monster and that she did this and she's hell on wheels and she picked that road and blah blah blah, you know what the judge said. But I think after they started talking to us, I think we opened their eyes to, well, maybe there's something funny going on here. Um, and that's and and that's where I thought it was. And then when the it came out, a lot of the stuff we talked about just wasn't there, you know. Um, there wasn't a lot about the fact that there's no evidence >> of premeditation, um, prior prior calculation or intent.
It's just it's not there. And and every troll online can tell me, "Oh, yeah, she did it. She did it. She did it. She did it." all this, you know, and speed. Oh, she was speeding down that road and she didn't hit her brakes. Well, she didn't hit her brakes for 4.74 seconds of that ride. That's the only That's the only information they have. Four points.
That's when the black box turned on about five or six seconds before she crossed Almea Road and before it went into the building. Something happened in that car that caused that black box to turn on, which was think the car from our our car expert that we talked to said that the car thought it was flipping over. So the black box turned on and started recording the car information in a nonlinear sort of way.
And that's important that nonlinear sort of way and both and it deployed both side airbags. And I'm sorry, side airbags don't just go pillow fight, you know, it's not a it's not a it's not a soft explosion. It's a it's a boom and then there's powder all over the there's powder floating in the car in the cabin of the car. Are you saying the the uh airbags deployed before the accident?
>> Both side air both side airbags deployed prior to her car crossing the street to hit the sign to get veered into the building.
>> That seems like a pretty big piece of information that we didn't get.
>> Yeah. I wonder why the prosecution didn't want to use it.
>> Yeah.
>> You know, I mean, it was they had it.
They got the blackbox information. The black box is a nonlinear function. It doesn't it doesn't it's like a it's like an airport you know airplane black box but it doesn't record sound and what's going on in the cabin. It records mechanical aspects of the car braking accelerating blah blah that kind of stuff. Um so the only the only actual evidence hard knock on wood evidence is from 4.74 seconds of that black box.
>> That's not talking what happened prior.
>> Yeah.
>> All the way to when she turned. That's another That's another What?
>> So everything everything we saw in the in that video of her speeding at at the um >> that last that last mo that last moment that's that's after the black box turned on >> and after the airbags deployed. So it could just be, you know, three kids in the car freaking out because >> it sasquatch could have pooped popped in the car. Any anything >> I mean it would be hard to drive.
>> Yeah. Oh, the the the the car expert said um he said nobody would be a would be dis every anybody in that car would be disoriented because of the the two explosions and the powder flying you know floating around. You wouldn't be able to see. So she >> now I can't I can't I can't explain the speed.
>> Oh sorry sorry I can't explain the speed but I that road is a cutthrough in Strongsville and the police know it.
>> Yeah. Everybody uses it. Um I've been down that road at a pretty good clip at times. Um not saying it's right. I'm not saying okay it's not at all.
>> It's a shortcut.
>> It's a it's a short it's a shortcut for where she poss for where she goes. And plus Dom does not did not like going down pro road. He liked the >> Why didn't he like going down pearl road? Um he um he sold drugs or at least my understanding is he sold marijuana at this time and if he got pulled over and he had marijuana on him he would go to jail.
>> There's lots of police >> and there's a lot of police and they sit in the in the shops all the way up Pearl and they don't really sit back and then Industrial Parkway. It's like I said it's a it's a cut through. the quick cut through and um he always made her he made her go down through that way even even on her prom her mom her Christine Russo and Don made her go down that road. She she's even and I wish my my cousin passed away a couple months ago and um and he could have tested because he was in the car with us but he um but my understand is they go down we go down that road all the time and even in the bindover or the the the bind over um discovery there's a there's a note in it says we know it's a it's a known cut through. So the police know it and they even state it it's a known cut through.
for the judge to go, "You chose that road and blah blah blah." It doesn't make any sense because the police, the detective, you know, because he said it, knows it's a cut through. I mean, it's crazy. And they knew and they and the drugs and so Don would have Mackenzie hold the drugs.
>> How How do you know that? How do you know Don Don was into that?
>> Because my daughter told me.
>> Yeah. He told me he sells that that he sells marijuana and and friends buy it from him and I I just I I know a lot of Yeah.
>> I I know. I just It's just something that I know >> after this background that didn't come out in Netflix either. I know he has >> Well, I think there >> he's been in trouble with the law before.
>> Yes. Yeah. And that's why that's the reason why he would have Mercury mule for him carry his drugs.
>> So if she got if they got pulled over, she got trouble for him. But it would be just a slap on the wrist basically. He had a prior charge for assault as well.
>> I I heard something about that. I don't know the full story on it. There's I think it was some kind of family family thing that went on, but I don't >> I don't >> Any idea why that didn't come out in the Netflix stuff?
>> I I I don't I don't I don't know. I I don't I don't know why the Netflix people picked what they picked, why they edited the way they edited. Um I'm not real happy with the way they edit some of the stuff and some of the stuff they picked for me to say. I I don't I said what I said in that and I meant every word that I said. Um I wasn't trying to hide anything. I was trying to be as honest as I could, but it seemed to be more about me and not about what was happening to my daughter. And so I like I said, I'm not I'm not I'm not real happy with how the outcome, but if it wins an Oscar, I guess I get an Oscar.
I'm part of an Oscar. So, um >> there there are a couple questions that that came up since the documentary came out. Um I I think it could have been worse. You know, I watched it over the weekend. Um but uh oh um there were a couple questions that that had come up.
One was um there was Can you tell us a little I mean such a stupid little thing. Your shirt. Can you tell >> is I mean let me ask again again. Is this okay? I I don't want I don't want to trigger anybody in this world that I'm wearing an orange polo. I hope I hope it's not color blind enough for anybody. Um the shirt I was wearing is um from Drip Drop, which is Crime Circus on YouTube. Um Crime Circus has been a a defender for my daughter. He's made many posts saying she's innocent. And he shows the evidence and he contradicts people who say, "No, she's guilty, blah, blah, blah." And he goes, "No, you have to look at this and this." You know, um he was about a month after her trial, his um one of his posts showed up with us. someone sent it to us and he had he had found five or six videos, interviews from the Strongsville Police Department that were not in the discovery or were not in the discovery that we could find and we went over everything and we had access to everything during the bind over in the trial. Um they were five interviews with Christine Russo. Um Dom's brother. Um two of two of Dom's kind of friends. Um the Flanigans. Um and Hench. Um I think it was Hench the you know because he gets things done.
Christopher Martin um the felon that lives in Christine Russo's basement. and >> um and he's the one that put, you know, gave the information or the the the intent to Mackenzie in her trial. He's the one that stated something. It didn't happen. And we've got proof that Mackenzie did not threaten that crash that car that day. But um these five videos are weren't in the discovery. And in all the videos, everyone is in there says that Mackenzie has a problem passing out or seizes there was an issue and they just blew over it. And at some point Christine Rous well during Christine Russo's or the brother's interview because Christine and the brother were there and every time the detective asked the brother something he starts to answer which seems to be truthful and then Christine Russo tucks over him and answers the farm and he goes, "Oh yeah, yeah." So um at some point Russo says, "These aren't going to be no one's going to see these, right?"
And the duck goes, "No, I'm not putting them in."
>> Wow. So again, that's omittance and I don't I >> Yeah, >> that seems against that seems kind of shady to me.
>> Well, if there were witnesses that could back up the claim that Kenzie occasionally passed out or or had these seizures, that's that's that's pretty big.
>> Yeah, I would I would think so. I would think the detective should, you know, have a an obligation to look into it.
But when he got her when my understanding is when he got her medical records, he picked up him her medical records from the day of the crash forward. He had did nothing about going from the day of the crash back. That's >> true or false?
>> Yeah, >> but that's my understanding.
>> Um >> people tried to Sorry, the shirt the shirt the shirt is the shirt is Crime Circus' logo or one of his swag that he sells. The boom is one of his things. So I wore the shirt to say thank you for what he was doing for my daughter and he's done a lot and I if I see him I'm going to hug him. You know, that's the first thing I want to do. He's a he's been a very good champion for what I feel is um misjustice against my daughter and and uh the lack of evidence to support the charges, you know, and and it so that's that's what that shirt was about. Not not me being colorblind to two boys dying because it's horri was horrible. Uh, I'm I I don't a day doesn't go by that I don't think about it. And and that was one of the toughest things for me to do with this whole thing at the beginning was how can I be happy that my daughter's alive been breathing. I mean, and and the fact that these two boys died and Dom was part of our family and I however anybody wants to spin it, he he went everywhere with our family. He was at Easter, Christmas, he he was part of our vacations. He was part of our family. You know, I I I'm sorry the Russo's lost a son and or a brother or a cousin. I'm I'm sorry. I I'm sorry the Flanigans lost Devon.
There's nothing There's nothing I can say.
>> Yeah.
>> There's nothing I can do.
>> Of course not.
>> To ever ever ever ever change that. Um we try we I was at the grave site with Christine and them countless days. I you know I I I I talked to the dad you know the dad was in my house telling McKenzie he believes her that you know blah they thought it was an accident it's okay and they did this little pendulum thing and they were and then after the bind over it stopped you know I I don't and I don't get it you know that none of the evidence changed the blackbox information was the black box information >> prosecutors gave them a place to focus their anger >> well their story it was it was his narrative and even even in uh even in one of those drip drop or one of those released videos. Um, the detective saying, "Well, I'm just doing what troop wants, what Tim wants, you know, I'm I'm just, you know, so there, we believe this detective on day three or four already assumed the worst, >> you know, and um, so that's but that's what the sorry to go back to it. That that's what the shirt was. The shirt was a thank you to Crime Circus. Wasn't a wasn't a me being colorblind or insensitive to anybody because that's that's the most idiotic because oh my god, why would I do that? That's got to be the dumbest take on a shirt, >> you know. And again, everyone, it's orange. I'm sorry if it if it's offensive. I apologize. Now, >> I just assumed uh I mean, it's a it's a graphic t-shirt. You and I know you you come from an art background. Uh graphic design.
>> Yep. Graphic design. Yep.
>> And then you were teaching art.
>> Yes.
>> Right.
>> Yes.
>> Now, what's happened since the documentary came out? Well, um, apparently the dascese had a problem with something I said in there along with, um, >> did people contact?
>> Yes, that's my understanding. There's a there was a website out of Parma, Parma something and and they I guess they just called in and made all kind of stupid baseless accusations and then the dascese has an obligation to protect the kids, which I understand. But the problem I have with the dascese doing how they did it is they didn't talk to me. They just acted.
>> Yeah.
>> When I just Here it is. Boom.
>> So you were teaching for like a Catholic school.
>> Catholic school. Yes.
>> Yeah.
>> Um in the they're saying that that uh you know because of the the drugs or something >> something. I mean in the in the documentary we were talking uh we were talking about her.
>> You didn't have a problem with her.
>> I don't I didn't I didn't as as you know as a parent I I pick my battles you know. Um, I I I'm sorry if I find marijuana not that dangerous as I find alcohol or cocaine or whatever. You know, I I she my daughter beyond what everybody else seems to think or wants to interpret or gleam. I she seemed mature enough to handle it. I didn't see a issue. It wasn't it wasn't causing her to be late for this or not do this or or get in an ex get an ex.
You know what I'm saying? There was there wasn't anything that was and I I just I other battles I wanted to fight with her. And I taught her uh right along. I said, "Look, you can't be driving with it. Blah blah blah. Watch with you know, you can't be careful with with Dominic. You know, if you get caught, he gets caught. You get caught.
You're you know, all I can do is teach her and try to try to make her learn.
She's a lot like me." Um, when I was little, I needed to do it, >> experience it to learn it, you know, and don't touch the stove, Steve. Don't touch the stove and I go touch the stove and it got burned, you know. It's it it's who she is, you know. She has to learn for herself and make her own choices. And that's what I was doing.
And she was getting older and she was they were her and Don were making a life together. Now, was I greatly happy with the relationship? No. Um, this toxic has been thrown around a lot. I I didn't see the toxic relationship that everybody's saying, "Oh, it's toxic. This is a toxic relationship." They argued. I argue with my wife. Everybody argues, okay? Um, from what I knew, there was it wasn't toxic. It was They argued. They broke up. He's over the next day with flowers and candy and a stuffed animal. I mean, it was like a every couple of months something would happen, you know. Uh, and my wife was helping them try to fix their relationship. And they were never ever breaking up. And anybody who says that is lying. And I don't I don't care if it's hurtful. They were not breaking up. They may break up, but they were getting right back together. I was on my daughter all the time. I punished her all the time. Okay? It's not it's not a me going, "Okay, just go. Hey, go have a whole time. Go smoke dope. Have fun.
Woo! Drive your car really fast." I mean, that's what it looks like on uh the documentary is it it looks like a a teenage girl who has no supervision, who smokes weed all the time, who makes her own rules and lives with her boyfriend.
Like, how much of that is true? How much >> she she stayed with her boyfriend? It was it was they were talking about moving in and she was getting close to 18 and if I would have hammered her and locked her into her room, I mean, what am I supposed to do? Chain her to the bed? I mean, that's okay. I all I can do is teach her how to survive and live, you know, and she knew if there's a problem who to call, you know. She she talked to my wife all the time. Um if these two kids were going to break up and there was a problem, my wife would already know. We would have known. We would have known it. Okay. Um I would have been very happy about if they broke up. I Okay. No, no boy would ever be good enough for my daughter. That's a father, you know. I um but again, he he did treat her very well. you know, I I didn't see much of the fight. I didn't see the the the stupid little fights or the arguments or the I I didn't see it.
You know, one other thing that came out um on I I've been trying to catch up on um social media about what people are saying about this. There's one other weird thing that came up that I was hoping that you could explain a little bit. the uh I guess at one point um Kenzie and her mother are caught are caught on tape talking in like what people are calling a different language or like carney speak.
>> It's carne. It's it's gypsy speak.
>> Yeah.
>> Okay. Um >> is that something they would do?
>> It's a family thing. It's a family thing that my my wife grew up with.
>> Can you speak it?
>> No, it's it's and they because they do it so fast. It's um >> I know how it works. Now >> to say the >> you add an extra syllable in with >> the the is the >> I I think I'm going to say that right.
It's you it's like it's like a pig Latin. You're adding vowels or you know you're splitting the word with and um it's something the families my my wife's family has done for years. It's it's nothing you know it's like when the gypsies and the carnivals would come around long and they didn't want the locals to hear what they were saying.
That's what they would speak. Yeah. So, um, my daughter and wife talk that way.
And when they don't want to talk has someone hear what they're talking about, that's what they talk about. It's it's like, um, having a German person or Japanese out here in America start talking Japanese because they don't, you know, it's it's it's a private thing, you know. So, um, um, that's what the speech it's it's called Carney.
>> How old was Kenzie when she learned how to >> She was pretty young. She she I've never heard anyone say it. And mind you, I'm sorry I'm smiling. It's I'm smiling because it's a it's a good memory for me.
>> Um they they my wife and my daughters it's like this is it's like bees. It's like bees. And um >> and during this process, you know, we knew the when my daughter was in the juvenile center or over in county, >> she didn't want people around hearing what we were talking about because there's big ears everywhere and then someone's going to say something and we didn't want to give away what we were possibly doing in court or how we were going to try to defend her. So, we were trying to be careful what anybody else overheard or who who was overhearing her, you know. Um or I say we, but they were um the it's it's just it's a language they speak together. It's like twins speaking a a weird language. Um >> it was it was not to hide anything nefarious. Um um there's big talk about something she said in the hospital and she and if you know the language, she didn't say it.
>> Yeah.
>> Okay. Nothing.
>> I think they're trying to say >> she was saying, "Oh, I was seizing." And that that didn't h that's there's no there's no cizu zizu you know it's there's no there's no word in that in that whole conversation about that. Um plus my daughter was just out of that was the day either day oh that was the day of or the day after and she was on all kind of pain medication. She broke her femur. She broke her fibula. I think it's the fibula, right?
>> She broke the fibula. Detached detached tricep. Um three broken ribs. A puncture wound through her knee. um lacerated liver, lacerated kidney, bumps and bruises all over her face. Both her crowded arteries were damaged. I mean, >> the kid's lucky to be alive. So, she was on, you know, she didn't really know what she was saying. She's just >> she and she had just found out that she had just found out what happened with Dom and Dave because we didn't tell her at first. It was she was in so much pain and we just didn't want to add to that.
So, um >> it strikes me too as like every time I think about this, it's a really stupid way to commit suicide if that's what your intent.
>> God, my god. She was she was not she was not committing suicide. There's absolutely no base, no no evidence, no no manifesto, no note, no video, nothing. There's not one iota >> evidence time. What do you think happened?
>> God, I Okay, to be honest, I don't know.
I don't know. I know the car crashed. I know Devon and Dominic lost their lives.
I know my daughter was lucky to be alive. Um I I know she went through a I I believe she was falsely accused the charges she was accused of. Not I'm not completely getting away. She's not completely innocent. She was driving a car, you know, and it should have been it should have never left the juvenile court and it should have been um vehicular homicide or reckless vehicular homicide. And I don't think you could even prove reckless with what evidence is not available to to the prosecutor.
Um but um I I don't know. I I >> I think I think I think it was I I would if I if I had to give my guess, I think it's a bunch of things. I think it's a perfect storm. Um I'm pretty good. She was probably coming down there 60 70 miles an hour. Okay. Um one theory is something happened to the car. Um Toyota has a history with that kind of car.
There's it's it's documented. It's on the internet. It's I I don't know. Um I don't know how they're going would ever prove it. The black box isn't on. It's not recording any of that because the black box turned on down the road. Um if the if something happened to the car and the car the gas pedal stuck and accelerated, all would be in that car is panic. And then if that car came around that little bend and it's not a it's not a severe bend, it's a manageable bend and it hit that dip that used to be on the road that the city fixed last year or last summer. That car went flying and that's what turned on. That's what the black box said. The car went right to left.
The car thought it was flipping over.
The black box turned on. The side airbags went off.
>> Yeah.
>> I mean, that's And again, the black box is nonlinear. It doesn't it's not a linear recording. It doesn't go on, you know, it's not a it's not a constant like every every micro Yeah. In a nonlinear thing, it's going half second, half second, half second, half second or microcond mic whatever whatever the >> the timing is. Um, and our car guy said, you know, you can't necessarily say she'd never break. Um, because it could have happened in the >> in between >> in between, you know, and mind you, I'm not saying that because there's no proof to that. Why would I? But it could have happened.
>> Everybody else is saying a lot of things where there's no proof.
>> Yeah. Well, sorry. Um well there yeah especially the prosecutor and and there's more to that in us if we can get to it eventually but um at the end of that video the brake lights go on and the their car expert said well that's a safety feature.
>> Yeah.
>> Why didn't the brakes go on?
>> Aren't brakes a safety feature by uh design?
>> I think so. But but what I'm saying is they the brake you could see the brakes clearly >> on the video >> on the video you clearly see them. And his response well that's a safety feature. Well, why did the safety feature work >> prior?
>> Yeah, >> it it hadn't it hadn't hit anything. It just went across the road. That was right as it went across the road. So, why is the safety feature only working right there?
>> So, >> why do you think they went so hard against her?
>> Ah, well, there's there's the part where maybe I'll get myself in trouble. Um, I I I to avoid >> I think there's some con um collusion going on. I think it's a fix. I think it's I think it's a favor. Um that last name Russo in this town I >> it's like you know I was trying to explain that to somebody. Having the last name Russo in Kyoga County is like having the last name Kennedy in Boston.
>> There might be some truth to that. I like I said this is there's this is this is a political family, you know, and and I and I apologize to the Flanigan family right now. If if if it was just Dave in the car, she wouldn't be in jail. She would have it would have it it would have never left the juvenile court. This has to do with the boy's last name and I and the jud and the judge saying, "Well, I don't have a blood relationship."
Look, I'm not saying she has got a blood relationship. I'm saying she has relationships with the Russo family. And her even saying that in court just it just if if you're going to believe she's doesn't have a relationship is >> Yeah. you're you're fooling yourself. Um I I I'm not saying it's directly with Christine Russo down the road here, but it's it's with somebody, you know, and >> there are many many R in judicial >> Yes. positions. Um in fact, >> and the prosecutor's office.
>> Yep. And and Christine Russo was part of that prosecutor's office at one point.
And I believe she's friends with Tim Troop. Um I think they were in the office together. Um >> well, let me let me jump jump ahead a little bit.
You know, how is um what was uh Kenz's take on the documentary? How's she doing after this has come out?
>> She she's okay. I thought she was okay with it. Um she was >> she's in Mary'sville.
>> Okay.
>> Um we she wasn't o so okay with the fact that they used when she turned to the lawyer, her lawyer was there with her when she did this and she she turned to him and wanted to make sure she said what she wanted to say and that she didn't sound like she's just talking gibberish. So she he she he turned to her and they ran with that and let it go and it just makes her seem like it was >> planned performant, you know, and it it wasn't. Um >> I thought she I thought she did well on it. She looked she was beautiful and and I think she was very composed. Um you can see that she's got a couple years maturity to her now.
>> Yeah, I did notice that.
>> Um it's it's a rehabilit Mary feels more of a rehabilitation than it is a maximum security. Lock the cells, you know. um or the prisons you see on TV or in a movie.
>> Are they able to go outside?
>> She goes outside. She is She's got a lot of fre other than being in Joe. She's got some freedom. She, you know, she's got a day and she does stuff. They go outside. Um she's um she's starting to take classes, college classes. She works in the kitchen. You know, she she's got jobs. Um >> what would she if if this hadn't have happened, what would she be doing today?
She was she was looking at modeling and fashion and stuff like that and we were with the barb she was with the barbers and there was a big stink about that.
Yeah, >> there was something that was she was going to something or something was planned and it was just them talk, you know, it wasn't us going, "Hey, we were going to do it." Wasn't it wasn't that good. It's it things were blown so far out of proportion sometimes. It it was just something she was involved with prior and during the accident or during this, you know, during her rehabilitation or whatever, you know. So, it's it's not a it's again not a colorblind thing. She was it had nothing to do with remorse.
It it it was about something she was doing already. You know, there was plans or there was, you know, there was plans and we were just they were just talking about it. That's all. It wasn't it wasn't anything nefarious against the boys or oh my god, look, she's trying to be a model after what she was trying to be a model prior. It was just part it was the continuation of what she had already started. So, >> um, is there anything else you'd like to clear up that you think >> I I I can I can clear every little misconception out and there'll still be >> the two people on the internet making their own assumptions. I don't know how many podcasts I've watched that all their information, anything. They had the gist of the story. There's a crash, two boys died, McKenzie. Okay. And but all their facts are wrong. You know, I I mean, I I hear, well, she was doing this and she was doing that. I mean, there's just unless you unless you really delve into it and look at the transcripts and look and you're not going you you can't I don't know how people can get on and actually say, "Well, she did this and she didn't, you know, she didn't plan it." Um, that morning the boys woke her up.
There was no fighting the whole time they were there. Um, even the one the boy who owned boy whose house he was at even said so much. They weren't fighting. Rosie and Bubba both said they weren't fighting. There was no fighting.
It wasn't okay. Um, my understanding is Mackenzie had her head on Dom's lap almost all night for when she was sleeping. Okay. Um, they got the boys got her up. They got in the car. They were My again, my understanding is there's a a grosser or was a um an organic good food kind of, you know, local honey, you know, good stuff, you know, for you. And my daughter and Dom were eating healthy. Um, so they have lockers outside. So if you buy say potatoes, she'll put the put the potatoes in the locker, give you the number, and you can come by at any time and pick it up. It was a convenience for the customer. So it makes Now I don't know if they were going there again for sure because I >> I don't know. Um but that would be on the route.
>> That would be the quickest way to and they had planned on making dinner that night or going to dinner or doing something. They were planning her birthday. Um, they weren't again, they were not breaking up. For anyone to say they were breaking up, >> it is a lie.
>> Yeah, >> it is. There's no base. There's it's it's a baseless narrative from the prosecution. Um, it's it's just it's an absolute lie. And they were never going to break up to my dismay. Mind you, I I would every time they did break up, I was happy. I was like, "Oh, please, please, please, please." Mind you, again, Dom was a gentleman over here and he and and it he was very respectful. He was respectful at any place where he went.
He Okay, so I mean I don't but um again I kn I >> Nobody could >> he he didn't have a job. He didn't I He didn't have a job. I And he had hundreds of dollars on him at all time. Um we went to dinner and he pulls it was he fanned out, you know, more money. you ask him like where'd you get that?
>> I I just I I knew I I I know what he was doing. Um I it must have been good. I mean he he's got the whole high school and right next to him, you know. I again I'm not I'm not saying that to slander Dominic. Um it just it is it it's just what it is. Um uh I don't I don't know. I what like I said that the lack of evidence and the well the lack of evidence that that supports the judge's summation there is none. Um they threw in at the last minute this well the cell tower pinged and you were there so you were checking it out >> right >> I that's a leap you're in you're in the city you're in Strongsville and a cell tower in Strongsville in an area that you're down all the time picks up your phone and that how do you leap from okay you're you're casing this this spot out that that's from a judge that's from a sitting judge of how many years what 15 20 years or something like that she's been on she's been on the bench a long time and that came out of her mouth you case this place out. That's No, no, there's no there's absolutely >> no. Now, if they had a picture, >> if they had a picture of her doing it and she's over there looking and and in her one of her posts, she goes, "I was checking out the crash site today."
Sure. Look, if you can prove to me she did it with intent, then she's right where she belongs.
>> That's where it comes down for me is is proving the intent. And it seems to me that the only way you anybody could possibly do that in this situation is to get inside her mind, which we can never do. We can never know. Which is why I think if it had gone to a jury of 12 people, one of those people, >> she would have never got convicted.
She'd be she'd be free today. She'd be going on with her life. Um, but there there's she'd be free. It just that's the truth. And but to let you know that the her lawyer when asked her about a jury or bench, she asked for a jury and he talked her out of it.
>> What's the benefit of a bench trial over >> I don't know. I'm not a lawyer. You got to you're going to have to ask Jim McDonald. I mean, he he clearly knows the law better than >> me, you know. I want I told her to get a jury trial. You want a You're not going to get 12 people that are going to go along with this.
>> What What's her best chance of getting out at this point?
>> We're We're at the state level. Um we we knew the Kaga County was going to be she was not going to get any relief from that's just how Kaga County is, you know, and we've talked about that a little bit. Um >> you kind of have to be from Kyhoga County to >> un understand. Um so we we knew Kaga County was going to was going to railroad us or you know what do you call roadblock us at every every pass and they did and they did you know um the the them changing the corners report from accidental to homicide was done illegally. they needed to go through a court hearing to have it done and they didn't. The appellet court called them on it and all they did was smack their hand. If this had been any other trial, they'd be back at trial. That'd be a mistrial or that would be a reason to go back to trial, but but not in Kyle County because you know Nancy Margaret Russo is blah blah blah.
>> A good name.
>> Um we were fighting the we're still fighting the late >> Oh yeah, you were a day late >> a day a day late day. the my lawyer or we had a public defender at first and and we talked to him for like a minute and he ordered the transcripts from the trial because that's what you need and the transcripts from the bindover.
There's two different trials. One's at the juvenile lover one's the trial.
>> Well, when the new lawyers um Eric Neichek got a hold of it um all he had was the trial. So, he put in for the >> the the bindover stuff and the bindover stuff came a month later.
>> So, he thought he had a little more time. Yeah.
>> And and it was a leap year. It's almost like again another perfect storm. But >> And who was the who was the person to rule that it was a day late >> that would that's what that's well when we when they put the brief into because it goes back to Nancy.
>> Yeah. Right. That's what I thought it was.
>> Isn't that Isn't that Isn't that crazy?
It goes back to the judge who's already biased.
>> Yeah.
>> Okay. She's already biased. She's she's biased herself. And if anyone can't see that, >> she doesn't want to overrule herself.
>> She's not going to overrule herself. I mean, she that ego that ego must I don't know how she walks in and out of the room with that kind of ego, you know.
Um, it's unfortunate that a sitting judge of that long ruled that way and and acted that way. Um, maybe it makes sense why she didn't get reelected or on the new a new seat she wanted. You know, maybe it makes sense why the Democratic party didn't endorse her.
>> You know, you know, I we heard we've heard that there's some investigation going on about her. You know, who knows?
You know, I again, but a sitting judge that long on on the bench can't decipher between um fact and speculation.
>> Yeah.
>> She's either incompetent, dirty, or both. Sorry. Um but the things I really want to touch on, the prosecutor, let's talk about Tim Troop.
Tim Troop in the documentary. You hear him. He's on camera saying, "Well, we looked at everything. We looked at we turned everything over and we we looked at everything. So, it's this.
>> Yeah.
>> What do you mean you looked at everything? What exactly did you look at? You How do you go from Well, we looked at all this. So, if it was none of this, it has to be this.
>> Yeah.
>> That's a That's a jump. That's That's a Well, I >> You have an expert there saying that the the slipper might not have caused the accelerator to stick, but that's one guy's opinion.
>> Opinion.
>> Oh, that slipper. I didn't even talk about the slipper.
>> If I see if I see that in an accident scene where you've got the blackbox data showing that the accelerator was push >> pushed it all the way to the floor >> and then there's a slipper stuck like I mean >> Yep. Well, >> come on.
>> Yeah. Like I said, I it's it's it's probably what do you call it? Um um without a shadow of a doubt, it's a doubt. you could it's it's a it's a it's a plausible realistic doubt that that that judge should have took into consideration. Then again, our lawyer should have done her lawyer and I'm my lawyer. I wouldn't never have that guy as my lawyer. Um that's hindsight by the way. Um but if he would have fought for her and brought some of this stuff up, I mean I now in his defense I'll go this way. I'm he saw that there was nothing. They didn't have anything. And I think maybe that's what he's doing because it's the burden of proof is on the prosecution.
So he doesn't really have to say anything. You have to prove it. And I don't think and I don't believe and I and if you listen to that prosecutor did not prove >> intent. Um but Tim Troop on in the documentary says I don't I I looked at everything and I couldn't figure it out.
So it has to be this. It's almost like the the wife dies in an accident in the house and they look at everything but it's the husband.
>> It's a it's a jump. It's a jump. It's a It's a lazy jump.
>> It is a lazy >> um in the detective.
>> I don't know how that guy has his job. I don't know how he became a detective. Um that's my opinion. Um this is a lazy dude. Um he was in the bind over. He was on the stand and the only time Mackenzie's lawyer was doing anything for her was when he was cross-examining him. And at some point he goes to the he goes to the detective and goes, "What do you think happened?" and and he stammers. I don't know.
>> And I wasn't in there because I was supposed to be a witness. He and me and Jim argued back and forth because I didn't like what Jim was talking and saying and doing stuff. Um so he kept me out of the room. So I didn't upset the cart, I guess. Um but if I'd have been in there, I would have I would have shouted our lawyer should have turned to um the judge who's an Ali who I think is a sister or a brother or a cousin to Michael Ali. Um and should have turned to that judge said motion to dismiss. How does the guy who's finding all this evidence, all this massive evidence, not not speculation, evidence, not not I think she did it. Oh, we believe she did it. Oh, I feel she did it. It's evidence.
I don't know why he didn't turn that judge and go, "How does this guy who knows all this? Who's who's the keeper of all the evidence not know?" So, if this guy doesn't know, >> that guy has doubt.
>> If this guy the guy who's looking at doesn't know, if he doesn't know, how do you even charge somebody with any kind of thing? You don't know. You're guessing. You're making a guess. You watched CSI last night and you're making a call off of watching CSI a couple episodes. This this guy's a danger. He's a dangerous This is a dangerous detective out of Strongsville. He's dangerous. Anybody you get pulled over now in Strongsville speeding, it's attempted murder. That's the That's the precedent they've set with this case.
>> How long do you think she'll be in jail?
I >> I don't know. I I don't know.
>> Are you Are you preparing for a long haul? Are you very hopeful? I'm I'm I'm hope I'm hopeful somebody with some common sense and could look can look at everything. I mean, not the not the minutia, not the the screaming people online, but look at look at the evidence this this, you know, ABC D, whatever, and look and subjectively look at what was presented and and look and say, look, okay, you got some blackbox information. The car was going fast. You can't explain the car. You can't explain the speed. Um, the video clearly shows the brakes going on no matter what the expert says. I It's funny that it broke there and it didn't break there, there, or there. So, if that's a safety feature for a car, I I've been 100 in a car. I I I don't remember my car breaking for me when I was going over 100, you know. Um, I again, I'm not saying it's right. I'm I'm just saying it is.
You know, it's it's So, I I don't I don't get it. And she didn't drive directly into that building. She drove into and mind you, it's apples to oranges here. You know, she hit that sign first and that sign veered her into that building. You know, I I I what would happen if she kept going straight, you know? I I I don't I don't know.
They'd be all dead. I don't Who knows? I I don't I don't know. Um >> I know my daughter didn't do it on purpose. I know when my daughter lies.
>> That was part of the documentary, too. I I gave a story where something happened at the school and blah blah blah, but I know when my daughter lies, it's my daughter. I I there's there's a twinkle in her eye. There's something I I can tell when she's not being honest with me. She doesn't look at me, you know.
It's not a >> It's my daughter, you know, and if that makes me a bad parent, >> bad parent, you know. Um I'm not a bad parent. Um I did my best with my daughters. Um I I tried to teach them rather than punish them. Um I This world's crazy, you know, and there's there's some crazy stuff that goes on. There's some crazy people in this world. Um, so I was doing my best to teach her and and I picked and I picked my battles that I felt happened. How was I ever going to stop her from smoking marijuana? My daughter should have been charged with vehicular homicide. Two counts in juvie court and it should have never left. Um, the juvenile judge took out the aggravated murder thing >> for the same reason I'm saying they should have never charged her in the big and because there's there's no intent.
There's no prior calculation. There's no purpose. It just it's not there. And again, Tim Troop can get up there and, you know, and dun Tim Troop, you know, she did this and I fill this. It's it's not evidence. He he can fill all he wants. It's not evidence. And I think he did a it's it's a it's a complete injustice to my daughter. And not this has nothing to do with the boys. It's again tragic that those boys died and she has some responsibility into it.
what that is. Nobody is ever going to know. And because nobody's was in that car and there's no evidence and there's no story, there's no paper, there's no note, there's no video. Um my daughter in the remorse.
That's another thing that's huge. I sat with my daughter for three months in that room right there. Three months. um watching her watch every video, every song, every picture about that boy. He had there was a shrine to him in my that room. Shrine cried herself to sleep every night. I know the trolls are going good. She should cry herself to sleep.
She has remorse. She was upset. If you would have heard her when she found out that Dom died, if you would have heard the sound that came out of her, it would have crushed you. Um, she's seven. She was 17. She's a dumb kid. She wasn't breaking up. She didn't do it on purpose. And I've asked her, "Do you did you do this on purpose?" And she's going, "No." And I would think if my daughter was that mad, that mad at that boy to want to kill him that way, Devon would have never been in the car, >> right?
>> Um, this is this that makes no sense. if she was going to do that to Dom. There were guns all over that kid's house.
Okay. Um, >> where' the guns come from?
>> He bought them. I don't know. I don't know. The reason I know he has guns because something was going on over there and he took all the guns and threw them in my daughter's trunk. And I went into my daughter's trunk to get something. And in in the trunk there was 10, 15 guns. Half of them were loaded. I had I had to I had to >> Oh my god. So that's how I know he has guns. Um I if she was going to do kill him, I would >> Yeah, that's >> I would make that would make more sense to me. But um >> and you don't involve an innocent.
>> Mhm. So that's that makes no sense there. Um something happened in that car. No one's ever going to know.
She's innocent of the charges they put upon her. Um again, should have been juvenile vehicular homicide, two counts, and we would have went from there. Um, she probably have done some deal time, >> right?
>> Probably be out by now.
>> Be out by now or have been whatever. Um, >> how do you keep in contact or >> we we we can see her twice a month. Um, we visit um it's about a three like a three or three and a half hour visit.
Um, but again, it's only twice. My wife is able to talk to her pretty much every day. Again, sorry to the people out there. This it's our daughter. I love my daughter. Um, I'm never going to stop fighting for her.
>> Um, I believe she was falsely falsely charged. I I >> Well, no one's ever going to be able to convince me unless you can put the evidence in front of me.
>> Um, >> would you ever do another uh >> documentary?
>> Documentary.
>> You're probably close to I'm going to get to being a documentary. I I I I I'm upset. I'm very disappointed in how that what they put out there.
>> Can you say anything? Yes, we tal we talked we talked to them last week and I blew my blew my lid on them. You know, I I they did us dirty. I I don't think they were >> I don't think they were very honest with us. Um I think they tried.
>> What did they say in in defense?
>> Well, they were saying, "Well, we were trying to be bi, you know, unbiased and give both sides and I don't really think they gave my daughters both a fair shake at both sides." I think they sensationalized, especially with my the comment about my, you know, talking about my daughter knowing my daughter's lying thing. Yeah. I just it had nothing to do with why she's in jail, you know.
So, >> are you uh are you are you looking for a job?
>> I don't know if I have a job yet. I'm I'm pretty I'm guessing that I'm not going to I my contract's up in June. So, I would hope that they'll pay me through June. Um they're doing some sort of investigation. I don't know how much more investigating they have to do. I know my >> this a direct result of the documentary.
>> I I believe I believe it's a documentary. Yes, I believe that's from it. Um, clearly bunch of crazies from Parma calling into the dascese is more factual to them than talking to me. This could have been over in a conversation.
You know, I did you say it? I'm like, you heard me say it. Well, what did you mean by that? I go, well, we were talking. I I didn't I didn't care. I don't care if you I don't care. It's none of my business what anybody does. I I I didn't care that my daughter smoked marijuana. I'm sorry. That That has nothing to do with my judgment.
>> That has nothing marijuana is now legal.
legal and it has but it but it has nothing to do with my my art teaching.
It has it has nothing to do with that.
It has nothing to do with my kids. I don't I don't walk into my room and go, "Okay, today we're going to paint a painting and you should all do marijuana." It's I'm not doing that.
That's got to be the that's got to be the biggest knee-jerk overreaction that I could you could ever imagine. I don't know why the school is not backing me up. I that that's to me that's that's that's not very Catholic. There's where's the compassion, the love, the understanding they that they put out to everybody? They want you to be that way.
But when it comes to them, you know what? If I was a priest, >> Yeah.
>> If I was a priest, I'd be in another They'd move me to another.
>> So, you could continue >> continue on. Okay. So, mind you, I'm sorry the dascese acted that way.
It's it's un it's unfortunate. It's disappointing. It's disappointing how the how the documentary handled this.
Um, I think they gave they gave the they gave the families a a preview.
>> They didn't they didn't offer us which should have which shouts which shouts loud now that they didn't want us to see it >> because I my understanding is that the the Russos didn't like a part so they had them take it out. So they had some they had some edit they had some control of the editing which to me is it just it's unfort it's unfortunate. This whole thing is unfortunate. And I again I believe I believe my daughter has no idea what happened. I I I she her she was so beat up her she had bruises all over her face. Um I I those airbags going off. I don't know if you've ever seen an airbag deployment online. I watched a guy with a helmet get knocked out. It it hit him so hard it knocked him out and that and that could have ended why the arteries were you know. So I don't know. I just I love my daughter and and I'm never going to stop and I will go to my death my deathbed knowing she did not do what the prosecution and the this this possibly incompetent on the take judge did to her.
>> All right, that's the interview. I I hope you enjoyed it. I hope it was illuminating. I hope maybe it changed some minds about what uh you think happened to the case, which is very rare and you know, I shouldn't uh I shouldn't bet on it, but uh hopefully you found it interesting. I will be back uh tomorrow, actually, I think, with a new episode of True Crime This Week, which comes out every Friday morning, uh anywhere you get your podcasts. Thanks for your time.
True Crime This Week is a Fearful Symmetry production. Photo and artwork are licensed through Shuttertock. If you like the cut of my jib, I have another podcast you might enjoy called The Philosophy of Crime, in which I attempt to solve the big questions behind our true crime obsession by looking to philosophy for answers. Thank you for listening. I'll see you next week.
Sit, Brownie. Sit. Good dog.
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