What Netflix's "The Crash" Left Out | Proof, Receipts & Timelines | The Case of Mackenzie Shirilla

Added: 2026-05-18

[00:00:00]The crime we're investigating is an aggravated vehicular homicide.

[00:00:04]I was just kind of shocked, really. I didn't really know how to process it all.

[00:00:15]The car's split in two.

[00:00:17]It truly was a horrific crash scene.

[00:00:20]>> There's a occupant inside.

[00:00:21][singing and music] We got to bust the window out. I just felt like there was more to the story than just an accidental crash.

[00:00:30]Hey true crime besties, welcome back to an all new episode of Serialously.

[00:00:52]Hello, hello, hello, and welcome back to an all new episode of Serialously with me, your host and your true crime BFF, Annie Elise. Now, if you are brand new listening to this podcast or watching this YouTube channel for the very first time, let me just give you a breakdown.

[00:01:09]My name is Annie and what I like to do on here is not only deliver and present a true crime case to you, but do it in a way where it is the full deep dive.

[00:01:18]Going down the rabbit hole so that you don't have to. All the details, the social media activity, past relationships, everything that you find yourself googling yourself when you're watching a documentary. I find all that information out and then I present all of it to you. But my goal in doing that is to do it in more of a conversational way as if your friend or best friend was telling you about this case that they just heard about and that they can't stop researching or thinking about or talking about. So, again, if you're brand new, that's what we do over here.

[00:01:50]If you enjoy it, subscribe and follow the podcast. And, you know, well, that's how it goes. Every single Monday, a brand new case, and then every Thursday, I do an episode called headline highlights, where I talk about everything happening in real time that week in the true crime world. Now, today, we are doing one of the infamous deep dives, and you may have heard about this case if you listen to true crime or follow true crime. You may have also seen clips of the trial or footage from the case in your TikTok feed or your Instagram Reels feed, because it's the case of Mackenzie Shirilla. A name that a lot of people do know, but many don't.

[00:02:29]You also might be familiar with the name because Netflix just released a documentary about this case called The Crash. And what's really interesting is there's a lot of division with this case. Many people believe that what happened was intentional, that this is, you know, the product and result of a spoiled young girl who had everything in her life, and then the moment she did something went wrong, she decided to take it out on everybody else. While some say, "No, this was absolutely accidental. She was too young to know how severe this was going to be and what her actions would truly cause." And there's a little bit of conflicting opinion out there. Now, I will say this personally. I first covered Mackenzie's case years ago, and with that, I have done extensive research. I've interviewed a lot of people close to the case. I participated in a documentary back then, where I was shown a lot of privileged information before it even went to trial, different things like that, to where my belief is that this was absolutely intentional. But again, not everybody agrees with that, and that's certainly okay, which that's my point in why I'm coming on here today. I want to present the case to you with a set of fresh eyes, new perspectives, everything we've learned, things that have come out post-trial, so that then you can really decide for yourselves, what do you believe? Do you believe that this is all just a horrific, tragic accident, or do you believe that this was calculated and intentional? So, let's start here. I want you for just a moment to imagine being a teenager again. Cuz And I say again, cuz I feel like a lot of you aren't teens. I feel like we skew a little older over here.

[00:04:13]So, but if you are a teen, you're involved, too. But, I want you to imagine being a teenager and you're just graduating high school. It's that super exciting time in your life where you're young, you're full of life, you have dreams, ambitions, there's parties, there's excitement, and like, you just can't wait for what's to come. But, then, you get word that three other teenagers who live in your area, potentially even are classmates of yours, were in a deadly car crash. And even more than that, one of the worst car crashes that first responders had ever seen in the Ohio area. It rattled the entire community. There was shock, grief, confusion, but above all else, there were a lot of rumors. Rumors that took what seemed to be a very simple, yet tragic car accident into something potentially far worse.

[00:05:06]So, let's jump right in. In the early morning of July 31st, 2022, the peaceful suburb of Strongsville, Ohio, nestled just outside of Cleveland, became the scene of a heart-wrenching tragedy that rocked its tight-knit community forever.

[00:05:23]Initial reports began to surface about a devastating car accident involving three people: 19-year-old Davion Flanagan, 20-year-old Dominic Russo, and 17-year-old Mackenzie Shirilla. Both Davion and Mackenzie had just graduated from Strongsville High School just a few months earlier. Early on in the investigation, law enforcement believed that Mackenzie Shirilla somehow lost control of the Toyota Camry that she was driving and then crashed into a brick building on Alameda Drive at 5:34. It wasn't until approximately 45 minutes later at 6:15 a.m. that a passerbyer, a runner who was out for their morning jog, came upon the wreckage and immediately dialed 911.

[00:06:09]When law enforcement arrived, they found all three passengers unconscious, unresponsive, and trapped within what was now just a brutally mangled car frame. The first responders from Strongsville Fire Department worked quickly to help get Dominic, Davion, and Mackenzie out of the car. Unfortunately, though, both Dominic and Davion were declared dead at the scene. Mackenzie, who was driving the car, was critically injured and flown to MetroHealth Medical Center.

[00:06:38]Investigators waited for the results of her blood testing, which would show if drugs or alcohol played a role in this crash. The victims' families and the community were completely grief-stricken and frankly just sick about this.

[00:06:51]Dominic and Davion now had their potential dreams and futures abruptly cut short. Dominic had started a successful business and always talked about all of his big plans for the future. And Davion was a fantastic football player, well-known in the community, and had plans to open up his own barber shop after high school. But now, all of that was gone in an instant.

[00:07:15]The community's sadness and loss eventually led to many questions. Why was this a one-car accident? If Mackenzie lost control of the car, how did that happen? What was going on inside the car leading up to this? Was Mackenzie intoxicated or under the influence of some type of drug? Why were all three of them even over on Alameda Street in that part of town in the early morning hours to begin with? It's not near where Mackenzie, Dominic, or Davion lived. So, where were they going? And how could this possibly happen?

[00:07:47]McKenzie underwent extensive medical treatment for her injuries and somehow survived miraculously.

[00:07:54]However, she said that she couldn't remember what happened leading up to the crash. She said that she had blacked out. Now, just for a moment, I am going to draw on my personal experience for a second. A lot of you know who have been with me for a while on here that you know that I was in a horrific car accident when I was 16 years old. I wasn't wearing my seatbelt. I flew, hit the windshield, knocked out some teeth, ended up having brain surgery from how awful this car accident was. And I can say, even now, I still do not remember anything from that accident. And I wasn't the one driving, but I was in the accident, and I'm still blacked out. I remember leaving the house that morning.

[00:08:33]I don't remember the accident. I don't remember the final the moments coming out of the accident. The first memory I have is when first responders were already there on scene, and they were cutting me out of my clothing and getting me out of the car, but I don't remember anything else.

[00:08:49]So, there has been a lot of speculation if McKenzie was, in fact, blacked out during the accident or not, or even has a recollection of the memories leading up to the accident itself, and if that's true or not. And I, while I don't know in her situation, if she's lying or if it were true, and we'll talk more about that as we go on, but I do want to mention that it is entirely possible to black out even the events leading up to the collision itself, because for me, it that is what exactly what happened. So, while law enforcement began going further into their investigation, many people in the community began to talk, and the community had strong, yet mixed feelings about what they thought happened here.

[00:09:29]Some people thought that this was just a tragic accident, but others who knew McKenzie and Dominic, and knew them more closely, began to believe that this wasn't an accident at all, and instead, it was something far more sinister.

[00:09:43]Mackenzie and Dominique began dating in 2021, and they had an overall tumultuous relationship. They would break up, get back together, and then they would do it all over again. The pattern just was on a repeat. And I know that that can be sort of a vague statement, saying that a relationship, you know, is tumultuous.

[00:10:01]But, we're going to get into their relationship more in just a little bit here, so stick with me, because a lot of information has come out since I first covered this case. Daveion was one of Dominique's close friends. According to news reports, Daveion, Dominique, and Mackenzie were hanging out at a party and smoking a little bit of weed the night leading up to the crash. And Mackenzie and Dominique offered it to give Daveion a ride home. Mackenzie was described by people who knew her in high school as selfish and entitled, and she never had to really take any accountability for her actions. She always just kind of got away with everything. After Mackenzie began to recover from the accident, many of the posts on her Instagram and TikTok really upset people as well. And we will get into specifically what she posted here shortly, don't worry.

[00:10:50]Most of her social media has now been deleted, so I couldn't find much except for a few screenshots here and there.

[00:10:57]However, people in the community who knew her from school commented on social media about Mackenzie's behavior, and all of those comments are still public.

[00:11:06]Some of the posts said that her parents knew about her drug use, and that her mom would like some of the pictures that she posted when she was smoking weed.

[00:11:14]And some pictures sparked outrage because people thought that she just was moving on with her life as if nothing ever happened, with no remorse at all.

[00:11:22]There were also some pictures Mackenzie posted with her and her friend dressed as a weed for Halloween, which also caused a huge stir online. Several classmates weren't surprised that this horrific tragedy resulted from McKenzie's actions, even going as far as to say that she probably would have killed someone one day anyway, and that she only cared about herself and herself only. Other people felt like McKenzie had definitely done drugs and that that is what caused the crash. And the police seemed like they weren't doing anything about it. And now this was another situation where McKenzie would just get away with her selfish and dangerous behavior once again. Well, all of that online speculation and discussion over what happened that tragic night wouldn't matter for much longer because a few days after Halloween, everything changed. It turned out that the police were not letting McKenzie get away with anything and they had been conducting a thorough investigation this entire time.

[00:12:18]On November 4th, 2022, McKenzie was arrested. According to court documents, McKenzie faced a total of 18 charges.

[00:12:26]Counts one and two, aggravated murder.

[00:12:29]Counts three, four, five, and six, murder. Counts seven, eight, nine, and 10, felonious assault. Counts 11 and 12, aggravated vehicular homicide. And all of these charges were related to that crash on July 31st, 2022. Count 13, trafficking. Count 14, drug possession.

[00:12:50]And both of these charges were for the magic mushrooms that were found inside the car. Count 15, possessing criminal tools. And this was for a digital scale that was found in the car.

[00:13:01]So, there were 15 charges in total related to the car crash and to the deaths of Dominic and Davion. The other three charges were for allegedly breaking into the Columbia Church of God in Columbia Station on July 19th, 2022.

[00:13:17]Those charges were count 16, breaking and entering. Count 17, vandalism. Count 18, desecration. McKenzie's blood test from the hospital revealed that she had THC in her system and that she was likely high at the time of the accident after their investigation and talking to witnesses who saw her that night. Even though mushrooms were found in her car, this was apparently not in her test result. McKenzie's bail was set at $500,000, but she didn't get bailed out of jail and remained in juvenile custody until it was time for trial. The body cam footage of McKenzie's arrest was finally released in 2025 and I have to be a real with you. It's an absolute doozy and I don't use that word lightly. I personally hate that word and I don't want to give too much away before I show you guys some of the clips which, for those of you who are listening to the audio version of this, you'll be able to hear what's happening, but I do encourage you pop over to YouTube, watch the visual as well because I think that will provide more context. But what I have to say is that McKenzie shows absolutely zero remorse. Zero remorse for any of the crimes that she was being charged with.

[00:14:29]Hi McKenzie.

[00:14:30]Step out for me.

[00:14:33]I'm Detective Hazue. I'm the one who's been investigating the crash. You're under arrest for aggravated murder times two, okay?

[00:14:40]Nobody's going to ask you any questions.

[00:14:42]Nobody's going to bother you. Can I have your seat, please?

[00:14:45]Could you please be careful taking this one off so it doesn't break the bracelet, please? We got it. We got it.

[00:14:49]Okay, McKenzie, I'm going to take your handcuffs off. I need you to take off all of the jewelry and everything from off, okay?

[00:14:54]I can't wear this. No, I need you to take it off while you're in the jail right now.

[00:15:05]I can't wear these.

[00:15:07]Mhm, no. Unfortunately, everything's going to have to come off for right now.

[00:15:10]Once we know when the the detective comes back and we know for sure what's going on, um everything's going to be bagged up here. It's not going anywhere.

[00:15:23]Sorry, this is just like one of those which is really hard to get off. That's fine. Take your time. Her first response to being told that she was being charged with murder was to take care of a bracelet. Take care of a bracelet so that it didn't break. And then, after being told that she could not wear any jewelry in jail, which obviously should be common sense, right? But I guess it's not all that common, who knows? She started to break down. That's what rattled her. That's what made her upset because she couldn't wear jewelry into the jailhouse. I mean, again, it just kind of goes back for me at least into this spoiled, entitled young girl thinking that the world revolves around her. But anyway, back to her arrest.

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[00:19:14]>> Since she was a minor at the time of the crash and charged as such, there weren't many public details about this case that were released. However, all that changed in March of 2023 when prosecutors and the judge agreed to try her as an adult.

[00:19:29]When the crash occurred on July 31st, 2022, Mackenzie was 17. Her birthday is on August 2nd. So, she turned 18 just 2 days after everything happened.

[00:19:41]She had a hearing in April of 2023 via Zoom where Mackenzie pleaded not guilty as the judge continued her bond at $500,000.

[00:19:49]But again, Mackenzie remained in custody.

[00:19:52]During the hearing, the prosecution told the court, "The evidence in this case overwhelmingly indicates that these were intentional and purposeful deaths."

[00:20:02]On July 19th, 2023, almost a year after the horrific crash, Mackenzie had her first pre-trial hearing.

[00:20:10]During the hearing, Mackenzie did not accept a plea deal that the prosecution was offering and her lawyer indicated that they were prepared for trial. In the US, you have a right to a trial by jury or a bench trial. If defendants want to waive their right to a trial by jury for whatever reason, they can. And this can be a defense strategy if for some reason they are worried about what a jury verdict would be.

[00:20:34]Some defendants may feel like they would have more of a fair shot if the judge were to decide their verdict based on the law, fearing that potential jurors would make their decision based on emotion and not the law necessarily.

[00:20:46]However, that isn't the only reason that people waive trial by jury. There are a number of reasons why people choose that route. Additionally, defendants do not have to provide a reason to the court for their decision to waive a jury trial.

[00:21:00]So, with that, that's what Mackenzie chose. And her bench trial was set for August 7th. The first day of trial began on August 7th, just 5 days after McKenzie's 19th birthday.

[00:21:12]During opening statements, the prosecution detailed all of the moments leading up to the devastating crash.

[00:21:18]6:15 in the morning, Strongsville police and emergency personnel uh received the 911 call. They revealed the black box inside McKenzie's vehicle had been clocked at 100 mph. Black boxes aren't the official term. It's an EDR or event data recorder, but these devices record driving and vehicle data from immediately before, during, and after an automobile crash. And that wasn't all.

[00:21:45]They also had cold, hard evidence to prove this. Because when the accident occurred, a nearby building security camera caught the entire thing on video.

[00:21:55]In the video, you can see McKenzie's car going extremely fast before disappearing off the screen and ultimately crashing.

[00:22:04]The prosecution also said that this didn't just happen based on reckless driving, either. And they would present a witness who overheard McKenzie's threats. That he observed at that time the defendant striking Dominic Russo with both hands, and that he overheard her make a statement. Uh an admissible statement, and she said, "Dominic, I'm going to crash this car." We find that it is especially and important to her state of mind just 2 weeks later when she used the car to kill Dominic Russo.

[00:22:35]Despite this, McKenzie's lawyer, Mr. McDonald, of course had a much different perspective. He argued against the insinuation of intent. Instead, he said that this was a tragic accident rather than a premeditated act. How can you come to any conclusion other than, if anything, she's reckless? Is it just kids being kids? Is it Dominic grabbing the steering wheel? Is it McKenzie maybe speeding and say, "Oh my god, look out, it's late. I'm coming up to this. I better do something." and she goes like that to avoid an accident, not acting purposely, but in fact trying to avoid it.

[00:23:13]Is it sudden sudden acceleration panic?

[00:23:18]Those are all possibilities. Mr. McDonald also said that the side airbags going off in the final seconds before the crash could have contributed to the severity of the event. He said, and I quote, "It occurred in about 4 and 1/2 to 5 seconds before. It's a significant force that makes a huge sound. There's talcum powder or some type of powder that is let go. So, if they only have 5 seconds of recordings and those 5 seconds are all what happens after the airbag is deployed, how can you come to any conclusion other than if anything, she's reckless? During the course of the 4-day trial, many first responders and other witnesses were called to the stand. It turns out that there was more to the crash than just that video of McKenzie flying by at 100 mph.

[00:24:09]There was another building that captured footage of McKenzie turning on the street before pressing on the gas. In this video, you can see McKenzie driving at a completely normal speed, braking as she prepared to turn as well. Her blinker was on and was signaled to the correct direction that she was going.

[00:24:27]This video was key to the prosecution's argument that this was intentional and wasn't some wild situation where she was driving completely out of control the entire time.

[00:24:38]Even worse, experts spoke about the EDR box in McKenzie's car and said that through their investigation, they were able to determine that McKenzie had the gas pedal pushed all the way down and made no attempt to ever even use the brakes. The crash team analysts also said about 1 second before the crash, the steering wheel made a hard right turn of 142.5 degrees. It also showed the impact from a sign in the grass outside of the building, which may have triggered the airbags before slamming into the brick wall. McKenzie's attorney questioned the analyst about the wheel moving in an attempt to insinuate that it's possible that one of the victims moved the wheel by saying that it's basically impossible to know who pulled that wheel and caused the crash. He also suggested that because it was dark, maybe it was hard for McKenzie to see. But even in his defense, he conceded that McKenzie's handling of the car was in fact reckless. When the prosecution reviewed the crash scene photos and the photos of the victims during their autopsies, everyone in the courtroom was extremely emotional, including McKenzie. Dominic's mother, Christine Russo, testified. The courtroom vibe changed instantly when she began her testimony. Everyone could tell that she had once cared deeply for McKenzie. After all, McKenzie had even lived with them for a while, but the love story that she painted between McKenzie and her son, Dominic, was far from rosy. It seemed like they were always at odds with threats and arguments overshadowing the good times.

[00:26:15]She also brought up a text message that McKenzie sent her after the crash where McKenzie said, "I remember turning onto the street and then my vision fades to black. It really kills me not being able to remember anything. I promise you I would tell you. I've been asking my therapist why I don't remember and she said it's because of trauma, but I'm going to try to get hypnotized and make myself remember."

[00:26:40]Then Dominic's older brother, Angelo Russo, took his turn. The raw emotion in his voice said it all. He talked about how McKenzie and his brother were constantly on and off again, saying, "I witnessed a lot of negative behavior from her to my brother, and that just kind of pushed me away as a big brother figure because she just wasn't fair to him.

[00:27:01]One of Dominic's friends, Christopher Henchmartin, was also called to the stand to testify. This was to testify about an incident between McKenzie and Dominic in a heated fight where she threatened him. According to court documents, on July 17th, 2022, approximately 2 weeks before the deadly crash, McKenzie was driving her vehicle on Interstate 71 with victim Dominic Russo as the passenger when she threatened it to immediately crash the vehicle.

[00:27:30]McKenzie was upset over a disagreement between the two of them, which resulted in Dominic seeking the help of his mother, Christine Russo, through a phone call asking her to come and pick him up.

[00:27:40]Dominic's friend, Christopher Henchmartin, went to pick up Dominic and remained on the phone with Dominic during the incident. While on the phone, he heard McKenzie state, "I will crash this car right now."

[00:27:53]McKenzie exited the highway onto Route 82 between Pearl Road and Bagley Road.

[00:27:58]As the friend pulled up to get Dominic and McKenzie's car pulled over to the side of the road, the passenger door opened, and the friend observed McKenzie striking Dominic with both of her hands.

[00:28:09]Dominic then exited the vehicle and left with his friend. The prosecution also brought up another incident in July of 2022 between McKenzie and Dominic.

[00:28:18]According to court documents, in July of 2022, within the same month as the deadly crash, McKenzie again made multiple threats toward Dominic. Videos recovered from Dominic's cell phone revealed the altercation involving McKenzie, where she can be heard repeatedly degrading Dominic, threatening him, and damaging his property. It is understood from the videos that Dominic was not comfortable letting McKenzie inside of his home at the time, and he made multiple attempts to reason with McKenzie to calm the defendant down and communicate with the defendant in a better manner. McKenzie refused these attempts and can be heard banging on Dominic's house door demanding to be let inside.

[00:29:00]McKenzie called Dominic a multitude of degrading and highly inappropriate names. Despite Dominic's efforts trying to reason with McKenzie, she refused to listen and continued her erratic behavior.

[00:29:13]Exceedingly important are the threats made by McKenzie to Dominic throughout the incident. She threatened to key Dominic's car if he would not let her in and she verbally counted down multiple times in an attempt to force Dominic to let her in. She repeatedly told Dominic that this was his last chance to let her in and she stated and I quote, "You're going to come open this door right now or there's going to be a serious [ __ ] problem."

[00:29:39]She threatened to break the handle off the door and can be heard hitting and damaging the door as well.

[00:29:45]McKenzie stated and I quote, "Dom, I'm going to give you one last second or else I'm keying your car." Dominic then had to call his mom for help and stopped recording. Now that phone call that I just described has actually been made public. The original call was about 9 minutes long but honestly it doesn't really take the full 9 minutes to see that McKenzie was threatening him. She was antagonizing him. But I forgot. You literally broke up with me earlier.

[00:30:14]Because you were a little weak [ __ ] You broke up with me earlier. You literally broke up with me earlier. This is your last chance to open the door or you are not coming out of this house all night cuz I will not leave.

[00:30:27]You literally broke You literally broke up with me earlier like Like what is What is the point you're trying to play? You broke up with me like earlier like what what No no I no I didn't I didn't I didn't I didn't.

[00:30:37]>> Yes you did. You said we're not together. You literally said that [ __ ] Like you really broke up with me earlier. Like what are you trying to make? Like like why would I just let you in my house if you break up with me and you're threatening to break my [ __ ] Like you're threatening to keep my car.

[00:30:49]Threatening to break the doors. Like You're going to keep my car if you if I don't let you in.

[00:31:04]What what are you dead ass about?

[00:31:07]Okay, I'm going to give you one last chance to open the door.

[00:31:18]Kenzie, I can't open the door. I can't see if you're in the fire. Like we we got to go to dinner. We're both going to see my grandparents. Like I can't I can't sleep.

[00:31:26]No, open the door. I'mma let you know that right now.

[00:31:29]And then what? What would happen?

[00:31:31]What are you trying to say?

[00:31:33]You're not coming to dinner. You're not going to dinner.

[00:31:38]What do you mean what do you mean?

[00:31:40]You know exactly what I mean. You don't You don't know exactly what I mean.

[00:31:43]You're going to come open this door right now or there's going to be a serious problem.

[00:31:51]I can't no. Like you can't keep that You can't keep making all these threats.

[00:31:54]Like I can't open the door. Now, you're not in a place that you say is my home.

[00:31:57]Kenzie, I didn't kick you out. You took all your [ __ ] and dipped.

[00:32:00]You said we were done.

[00:32:03]Like You not say we are done. John, okay, ready? I'm going to count to 10.

[00:32:08]The door is going to open, okay?

[00:32:10]You're going to open the door. And stop hiding behind the door like a little [ __ ] [ __ ] If you hang up on me, we're done. I'm leaving.

[00:32:17]Kenzie, there's nothing I can do. Like this is I can't I'm not >> Open this. Stop being a little [ __ ] >> let you in my house with how you're acting. Like it's as simple as that.

[00:32:25]Like there's no way I can.

[00:32:26]There's no way I should. Like Huh?

[00:32:30]I'm just going to break the handle off.

[00:32:31]It's already moving.

[00:32:35]You can't to the lock. Like you're really going to break into my house?

[00:32:38]Yes, I will. I will break into my house.

[00:32:40]You're right. I will break into it.

[00:32:42]>> It's not It's not your house. It's my house.

[00:32:46]Dominic, open the door. Now, open the door.

[00:32:51]You have 30 seconds left on the phone call to open the door or we're done.

[00:32:55]So, if you're wondering how all of these prior acts were able to be brought into trial in the first place, since it's technically 404B evidence, it's because the prosecution filed motions to allow it in, saying that it went to McKenzie's motive. According to court documents, the prosecution believed McKenzie's past threats and aggression toward Dominic provided an important perspective of how McKenzie responds in situations where she is displeased or in disagreement with others.

[00:33:26]Further, the evidence shows that she was aware of her ability to cause harm to the victims, especially by means of her own vehicle, and how she could use the power of threats and control to ultimately reach the outcome that she desired. The other acts evidence confirms that there was no mistake or accident in deliberately crashing her car and ending the lives of the victims.

[00:33:48]Dr. Esther Sang, a MetroHealth System trauma surgeon who worked on McKenzie's medical report, was also a witness in the trial. She told the court that McKenzie told their team at the hospital that she did not remember what led to the crash. The prosecution also asked the surgeon to read part of the medical report. She said, and I quote, "Patient then became tearful, processing heavy loss and a depression since her accident. Patient shared feelings of grief, guilt, and shame. Patient stated she wanted to die and that it was her fault for killing her boyfriend."

[00:34:24]One of the prosecution's theories was that McKenzie was afraid that Dominic might break up with her or really leave her. So, instead, she decided to kill him with her car like she had threatened to do in the past. And poor Daveion, who was just innocently trying to get a ride home, was collateral damage. And McKenzie didn't even care if he died, too.

[00:34:46]However, some people who were at the same party before the crash didn't recall anything crazy going on between Dominic or McKenzie that night. So, either something must have happened in the car or she planned on going through with it that night anyway.

[00:35:00]But, the prosecution had even more damning evidence to prove this was, in fact, a premeditated, planned murder because there was evidence that McKenzie had been to that area of the crash just 3 days beforehand. And they showed the courtroom data of her cell phone being in that vicinity.

[00:35:17]They suggested this as proof that she was familiar with the scene before the day of the crash and believe that this was her attempt to scope out the area and come up with a plan. It was also brought up that maybe McKenzie was trying to kill herself along with Dominic and Daveion in the car, but just happened to survive.

[00:35:41]Okay, can I be honest? I used to walk into the gym and I would immediately feel overwhelmed. Like, am I supposed to be doing hip thrusts, dumbbells, lifting? Why are there 17 different cable attachments? I'd end up doing some random workout over and over and over with zero actual plan. But, that is what I think is so cool about the Ladder app that I have tried and used because it will change how you work out entirely.

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[00:37:16]I don't know about you, but every time I look at a phone bill from one of like the bigger wireless companies, I feel personally attacked. Why are there 20 different mystery charges? Why is my bill the same price as, you know, a car payment or an air conditioning bill? And why are they acting like giving me voicemail access or unlimited talk and text is some luxury perk? I mean, isn't that the standard now? But that's why Mint Mobile honestly makes so much sense to me and why I switched last year.

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[00:38:49]However, Mackenzie's attorney said that she was not suicidal in any way.

[00:38:54]Mackenzie's mother took the stand near the end of the trial. She had a very different angle on what might have caused that tragic crash. She said that Mackenzie has a condition called POTS, postural orthostatic tachycardia syndrome, a condition which causes dizziness.

[00:39:11]When the connection between the crash and Mackenzie's condition was brought up, her mom said that it could be.

[00:39:17]Mackenzie's aunt also testified with a much different story of what Mackenzie and Dominic's relationship was like. She believed that the two were honestly head over heels for each other, despite all of the rumors and talk about them having a rocky relationship. Many people felt that Mackenzie's mother's testimony was another example of her mom trying to excuse her daughter's bad behavior.

[00:39:39]Sherilla is also facing charges of felonious assault and aggravated vehicular homicide. The judge says she'll deliver a verdict on Monday at 1:00 p.m. And then, the verdict was in.

[00:39:51]There is nothing that I can do or say today that will return these two young men to their families.

[00:39:58]There is nothing I can say or do that will restore Mackenzie Sherilla to the life she had before July 31st, 2022.

[00:40:07]And there is nothing that I can say or do to restore the lives of these three families before the fateful moments on that day.

[00:40:18]This trial is a a culmination of decisions made by one person, the defendant.

[00:40:24]Those decisions have forever altered the futures of three families, and if you also become sick, and your decisions forever robbed Dominic and Khavion of the futures that they had before them.

[00:40:38]If there is one thing that can be taken away from this case, as painful as it is, it is this.

[00:40:44]Every decision we make is important.

[00:40:47]Every action we make is important.

[00:40:50]Regardless of whether the decision is a good one or a bad one, or the actions are good or not, the result is the same.

[00:40:59]The consequences ripple through time and affect many more people than one might think at the time of the decision.

[00:41:07]In criminal cases, the state carries the greatest burden under our law, proof beyond a reasonable doubt.

[00:41:14]As I previously stated, I considered all the evidence presented, and at this point I would like to comment specifically on exhibit 802, the crash video.

[00:41:25]This is the type of evidence you can never unsee.

[00:41:28]You can never forget the visual or audio of this exhibit.

[00:41:32]It's chilling and tragic.

[00:41:35]As you review that exhibit, you know that you are watching the oncoming deaths of two people, and there's nothing that will stop it.

[00:41:44]The video clearly shows the purpose and intent of the defendant.

[00:41:49]She chose a course of death and destruction that night.

[00:41:53]Exhibit 802 crystallizes the deadly decision-making of the defendant.

[00:41:59]She morphs from a responsible driver to literal hell on wheels as she makes her way down the street.

[00:42:06]McKenzie alone made the decision to drive the car, to drive an obscure route, a route she visited a few days before, and a route not usually taken by others.

[00:42:17]Mackenzie alone chose the time to make the drive early in the morning, when any reasonable person would expect that few people would be nearby to witness it or offer life-saving assistance to them.

[00:42:28]She made these decisions despite knowing, as any reasonable person would, that her mission of death could have involved others, not even in the farm firm, other people, other cars, pedestrians.

[00:42:42]She had a mission and she executed it with precision.

[00:42:45]The mission was death.

[00:42:47]Mackenzie alone decided to push the pedal to the floor and demand the ultimate speed of that vehicle, 90 to 100 mph.

[00:42:56]She alone decided what was to be.

[00:43:00]Mackenzie decided death was the ultimate goal that day.

[00:43:03]Finds the defendant Mackenzie Shirilla guilty of murder to wit Davion Flanagan in violation of Ohio Revised Code Section 2903.02A as charged in Count Two, an indictment.

[00:43:17]Count Three, murder.

[00:43:19]The court having had Count Three tried to in pursuance of waiver, finds the defendant Mackenzie Shirilla guilty of murder to wit Dominic Russo in violation of Ohio Revised Code Section 2903.02B as charged in Count Three.

[00:43:34]Count Four, murder.

[00:43:36]The court having had Count Four tried to in pursuance of waiver, finds the defendant Mackenzie Shirilla Shirilla guilty of murder to wit Dominic Russo in violation of Ohio Revised Code Section 2903.02B as charged in Count Four. Count Five, felonious assault. The court having had Count Five tried to in pursuance of waiver, finds the defendant Mackenzie Shirilla guilty of felonious assault to wit Dominic Russo in violation of Ohio Revised Code section 2903.11 of the Revised Code is charged in count five of the indictment.

[00:44:14]Count six, felonious assault. McKenzie was found guilty on all counts. In the video, you can see McKenzie's family seated in the front row behind her, visibly upset and shocked. As McKenzie was leaving the courtroom, you could hear her family speaking loudly to talk to her.

[00:44:31]I love you, baby.

[00:44:36]At McKenzie's sentencing, the judge heard a victim impact statements from the victim's family. Uh your honor, my name is Jaymie Flanagan.

[00:44:45]I am the mother of the victim, Davion Flanagan.

[00:44:49]I want to share a small part of what we lost on 7/21, I'm sorry, 7/31.

[00:44:57]My son, Davion, is and always will be so much more than we are given.

[00:45:02]He was precious. He was an amazing soul with a heart of gold.

[00:45:08]He gave to the world what he wanted most in his own life, love.

[00:45:14]The kind of love that would rescue a friend in the middle of the night, no questions asked.

[00:45:20]The kind that would protect others and honor them.

[00:45:24]He made friends easily with his infectious smile.

[00:45:27]He was a gifted athlete.

[00:45:29]He had plans to go to barber school and open his own shop.

[00:45:34]My son did not have a clique of friends, but instead was a friend to all.

[00:45:39]He would go out of his way to show love and kindness to others, including those that were often cast aside by society, the less fortunate, the developmentally challenged, the hurting, and the unvalued.

[00:45:53]Davion made sure that everyone that crossed his path knew that he truly saw them, that he valued them, and that they were worth his time.

[00:46:05]Davion and my kids have had more than their fair share of heartbreak, of hardship, and of loss.

[00:46:13]Davion was adopted with his sisters from foster care.

[00:46:18]They are biological siblings.

[00:46:21]We are honored to be chosen or to have been chosen to be their parents.

[00:46:27]Their forever family.

[00:46:29]I am devastated by the loss of Davion.

[00:46:32]The world lost a truly special man.

[00:46:36]My girls lost their best friend, their protector, the one and only trusted family that has been by their side from day one.

[00:46:47]This is a love only love understands the pain and loss that they have gone through, and was always there for them. This fact alone breaks my heart. My girls forever family.

[00:47:01]So many dreams shattered, a future stolen.

[00:47:05]We will never get to see the amazing man that he was surely to become.

[00:47:11]He His life was precious. Like I said, he was so much more than cargo.

[00:47:17]I pray daily for strength and perseverance for myself and for my family.

[00:47:23]I also pray that McKenzie will find true remorse in her heart and true repentance.

[00:47:30]We thank all of those that worked so hard to help us bring justice for our son.

[00:47:35]We are forever thankful.

[00:47:36]Davion, we miss you terribly.

[00:47:39]But as Christians, we grieve with hope.

[00:47:41]We will make sure your memory lives on, and we ache for the day that we are reunited again in eternal peace.

[00:47:55]Hello, could you start with your name?

[00:47:57]Hi, your honor. My name is Davian Flanagan. Um Davian was my older brother.

[00:48:02]Passing of Davian Mark Hill Flanagan has been very difficult for me. We have gone through everything together since day one. Davian was a big brother to me and my younger brother, Leo. We all got adopted together and did well in school.

[00:48:17]After Davian passed away, a lot of trauma and past pain marked angels in my life.

[00:48:22]Um it's been difficult to grow up in this trauma.

[00:48:25]What is your name for the record? Davian was not just a big brother to me, but a role model in many ways.

[00:48:32]He was the first and trusted friend of because he made me go save.

[00:48:36]He taught me the young lord has its charity and he showed me the owner and the joy of life. The memories we have are strong with him and he taught me the value of life.

[00:48:46]He has helped guide our experience we can't understand, but it's worth it in the end.

[00:48:52]I don't want this pain for anyone else.

[00:48:54]I don't want people to have to go through this. An 8-year-old I hate to say witness a dog because someone decided he didn't want to live.

[00:49:03]Now that Davian is gone, I feel stuck. I feel as if my family is falling.

[00:49:08]I feel lost. I was hopeful. He was the one who picked me up when I fell. He was my best friend and the only person that has given me peace and comfort before.

[00:49:18]I will I would like you to hear my charity along as possible so he can I know him for about 3 years in SC.

[00:49:26]She's always picking me easily up.

[00:49:29]We all go to school while my brother is gone forever.

[00:49:33]Thank you, your honor. Thank you.

[00:49:35]I proceed this long down this road.

[00:49:42]No one wanted this to be murder.

[00:49:45]I don't punish McKenzie for this accident.

[00:49:50]But this was not a car accident.

[00:49:52]The evidence from the crime is hurting me.

[00:49:55]And the county should have a murder in my son, Dominic as well as Dana.

[00:50:00]There's no fix holding in this case.

[00:50:04]There's a sure way to walk in and get a requirement to But I thank Boston Police Department and the state of Ohio for seeking the truth behind this crash. Thanks to them, we all know what happened in that car with that day, but we don't know how or why.

[00:50:21]I wish I could change what happened that day. I lost three children in that crash.

[00:50:29]I'm going to go smile and say that I don't think about what we thought.

[00:50:33]It was Dana. My house crumbled and broken.

[00:50:39]The crash hurt from the Straw family and friends and the burden to I'm nothing more than a lack of remorse.

[00:50:49]McKenzie struggled with that choice.

[00:50:52]Dominic and Deion didn't have a choice.

[00:50:55]We are all left here mourning.

[00:50:59]But what gave her, Dominic, and Deion lost and they have no way of recovering in any way.

[00:51:07]Nobody and no person or substance.

[00:51:12]July 31st, 2022, Nicole McKenzie's mother is there with the loss of my son, Dominic and Deion.

[00:51:21]I didn't even have to say anything to her.

[00:51:23]The first thing that she said to me was, "Oh, please don't listen to what everyone is saying on the Facebook."

[00:51:33]Yeah.

[00:51:35]My son is dead.

[00:51:36]His friend is dead. And then McKenzie lost him.

[00:51:40]And the social media was important.

[00:51:44]Social media was made a game out of the life of McKenzie and has made made game out of this particular tragedy.

[00:51:52]No one can imagine the pain of losing a child.

[00:51:55]Unless they have lost one themselves.

[00:51:57]The pain is forevermore.

[00:51:59]I just can't heal this wound.

[00:52:02]McKenzie is now in prison because she did this.

[00:52:07]Be thankful that you're still alive and then with your future. What a friend you've been.

[00:52:12]Dominic and Deion will run into their future.

[00:52:15]Their hopes and dreams are in their future.

[00:52:19]I can't show no mercy to them. I'm Dominick or Alicia Deion.

[00:52:25]Only God and this department can ever mercy on the soul.

[00:52:28]Thank you for your To hear their pain is so unbelievably heartbreaking and just unimaginable.

[00:52:35]When I was researching this case, I found a GoFundMe for Dominic's gravesite. The GoFundMe was from his sister and it read, "Hi everyone, I'm Dominic's oldest sister. Dom tragically passed away on July 31st, 2022. He was 20 years old and our hearts were left shattered to pieces.

[00:52:54]Since then, myself, my sister, and mom find comfort in keeping his gravesite a site to see for everyone to come and enjoy. It started as his parents and siblings trying to hide the dirt after his burial and it blossomed into this beautiful memorial site that keeps us working together in honor of Dom. My mom tends to it every day for hours, whether it's printing pictures for everyone to look at, adding solar lights, adding decorations, keeping up the landscaping around it, adding and exchanging hundreds of flowers, laminating letters and pictures, finding trinkets to add to it, or beautiful statues, etc. This is what we do it for, for Dom, and it's in honor of our beloved brother and son.

[00:53:36]Friends and family leave memorabilia, notes, pictures, things like that that remind them of Dom.

[00:53:42]Somehow yesterday his grave was set on fire and everything burned to the ground. Nothing was salvageable except a cement cross. Most of the items were irreplaceable such as flowers and ribbon from his funeral, letters from his nieces and nephews and friends and siblings and parents, stuffed animals, things that can't be replaced. The items cost us thousands of dollars and will cost us thousands to replace. Most items were very expensive. We spent on the flowers alone originally around $1,200.

[00:54:13]Each solar light decoration can range up to $50 a piece. We are asking for any donations from friends and family so that we can get his grave site back to how it was and before July 31st of this year which marks his 1-year anniversary.

[00:54:29]Dom's grave means so much to us. Words can't explain. We miss and love you so much our Nuchi baby. Until we meet again, your sister loves you. Since then, the GoFundMe has been updated stating, "Hi everybody. Just wanted to say thank you for all of your generous donations. We were able to recreate Dom's grave beautifully. Any further donations will go to purchasing updated memorial items such as flowers, etc. in the future. Thanks again. We love you so much, Dom." So when it came to sentencing, the state gave their recommendations for sentencing and reasoning.

[00:55:06]Your honor, there's very little that I can say after hearing from those who loved Dominique and Davion.

[00:55:12]Um in regards to the impact that the defendant's conduct had on these families' lives.

[00:55:18]And we have received a series of letters that has been submitted on behalf of the defendant.

[00:55:24]In In summarizing these, they describe her as a good student and a loving and caring person.

[00:55:32]Um and that she could never do something like this. And they continually, despite the verdict, refer to this as an accident and an unfortunate accident and tell you that she is also a victim.

[00:55:45]And there are just a few things that I think is important for the court to consider in determining a sentence today.

[00:55:53]Um part of the evidence in this case and introduced in trial uh was evidence from the defendant's cell phone. There were search warrants executed on her various social media accounts, her school records, her medical records, things of this nature.

[00:56:09]And I think that who she actually was is directly um contradictory to what is painted by the letter submitted on behalf of her today.

[00:56:19]I'm not even cool. I'm just one of those girls that can do a lot of drugs and not die.

[00:56:28]I'm built like a doll, built like a doll, built like a doll. I don't care if you think I'm dumb, I don't care at all.

[00:56:31]Can you be sweetie? But I want to be adored.

[00:56:34]I'm the girl you die for.

[00:56:37]I'm the girl you die for.

[00:56:41]I'm the kind of girl that can do drugs and like not die. I'm the girl you die for. Both of those videos were posted on her Tik Tok.

[00:56:52]Shortly after the crash, Strongsville police were notified that they had received concerning emails from the community that the defendant and her mother were seeking employment with the Los Angeles uh modeling agency. Kenzie Shirilla said to Vitaly, "Thank you for the comment. I would love to work with you guys. I've been emailing you guys a lot. Such a great opportunity. Thank you." Is there a date? There is not a date on this, your honor. Based on the investigation, um it was delivered to the police while uh the defendant was still in the uh Metro Health Hospital. So, it was during that time period, she was in the hospital for several weeks.

[00:57:35]Shortly after being released from the hospital, the police were provided additional videos of the defendant from her wheelchair as she attended a concert down in the Flats. And again, your honor, I'm introducing these to the court to show the shocking lack of remorse. This was something that was being exhibited while the investigation was still going on before she was charged and arrested in November of last year. And these were the sort of things that were coming to the police and the shocking lack of remorse coupled with the fact that the defendant was reported driving of an automobile shortly after this event that she was seen in Strongsville again driving a car in spite of the fact that as her mother testified, she got dizzy sometimes from a condition that she had to take salt pills for.

[00:58:27]Um in spite of the fact that it was in fact her mother who provided her with the car that she used to take Dominic and Davion's life.

[00:58:37]And I'm just going to say it. I literally cannot with any of this [ __ ] with her. I literally cannot with this. The Instagram post while McKenzie is in the hospital days after the accident with her and her mom responding to a modeling agency in LA.

[00:58:54]Are they out of their minds? I mean, maybe, but I think we know now where McKenzie may have learned some of her behavior, which no shade, but just saying. McKenzie's mother also gave a statement before sentencing. And honestly, when I was watching this, I could not believe it. I contemplated if I wanted to include the whole thing, but I think it really is important because it gives so much insight into what all of these claims about who McKenzie is and how she acts were really about. Can you start with your name? My name is Davion's grandmother.

[00:59:27]I I want to say my heart goes out to the family of the victim.

[00:59:30]I just want to say to you clearly that I'm broken, sad, and lost, and my heart bursts for everyone. Okay?

[00:59:44]Okay? And I'm so sorry that this happened to your family.

[00:59:48]Okay? And then your honor, this was a terrible, tragic, nightmare accident to have. And she has no memory of it, and she will never emotionally or physically recover from it.

[00:59:58]recover from it.

[01:00:00]She almost died, too.

[01:00:01]And we're asking that you please not run the sentence concurrently.

[01:00:04]This family, we all love each other.

[01:00:08]That morning of the accident, she called I got a phone call that she was in There was a car accident.

[01:00:13]So I went to the hospital, and I didn't even know who was in the car.

[01:00:17]And then they had to have it confirmed.

[01:00:19]And I was crying.

[01:00:21]I miss him so much. We loved him so much.

[01:00:25]I called down like over and over again to Randy, who was going to answer the phone, and he didn't answer the phone. We didn't So then I tried to call his mom, and she didn't answer the phone, either.

[01:00:35]And I still didn't know who was in the car. I didn't even know if she was alive. I didn't know what was happening.

[01:00:40]So then we're in the waiting room.

[01:00:43]And then his mom ended up I think she did call me. So I answered the phone, and I was like, "Oh my god. Like, I don't even know who was in the car.

[01:00:49]Like, what's happening? Was that Don?"

[01:00:50]And she said, "What do you mean? My son is dead."

[01:00:53]And I was like, "I'm so sorry." And then she said something like, "And now I have to wait till your kids out of the hospital." And then I didn't hear the rest.

[01:01:00]I just I was like, "We loved him so much." And I hung up the phone. I did not talk about social media. I didn't even know what was going on yet. Okay?

[01:01:08]So then that was it.

[01:01:12]In the hospital, that fatality post, I commented on it because somebody had called her a murderer. Okay? And she went She's not a murderer. She told me She told me that her phone was dead.

[01:01:25]point cuz the police have still had it.

[01:01:26]Okay? So, I told them and I was like, you know, she's not a murderer. She's more sad and hurt than most of these people commenting to Well, she's been trying to get in touch with you and then that blank just had the accident. So, five comments and I'm really happy about that cuz of the mileage on the treaty. I don't even Who cares about that? I don't want them to refer to her as a murderer. Okay? And know how they commented that on the phone cuz the police still have her device. And she had not access to her phone or social media. It's like I did it to them.

[01:01:59]And um I had told them asking if they'd shut down social media cuz they're calling her a murderer and they're giving death threats and organizing groups to, you know, take her out when she got out of the hospital and stuff. So, I don't even want her to go. I don't care about the money. I don't care about social media.

[01:02:13]I just wanted them to stop calling her a murderer or something like that. She did come to and she did come out of it.

[01:02:20]Surgery with multiple surgeries, but she wouldn't see all these people calling her a murderer because she wouldn't have her ever ever murderer for life.

[01:02:30]Okay?

[01:02:31]Now, how do we For 3 months after the accident, she would only look at his photos. She would only even say his agent.

[01:02:39]She would only listen to the music he wrote. Okay? She was laying in bed for 3 months lying with his lying with him next to her with photos and things that he liked and this flower that lights up that he got her because he wanted it to be fresh and alive forever. It's like a little beautiful piece of flower. Okay, she's got this lying with him next to her.

[01:03:00]So, she's crying for 3 months. So, her friends guessed that she wanted to go out to her attorney for Halloween. And it was at OU. And she didn't even want to go. She said, "I don't know. Should I go?" She couldn't even walk yet barely.

[01:03:12]So, I told her, "Sweetie, please go.

[01:03:14]It's Halloween. You've been laying for 3 months crying, all he's listening to is music. Please allow him just a moment of fun. A moment of fun.

[01:03:22]So, we told her to go.

[01:03:24]My husband drove her.

[01:03:26]I brought her back home. And she just needed a second of fun from losing her boyfriend.

[01:03:32]They were all for full moral. So, that was us. And we told her to go. And that concert she went to with Dalton's cousin. And they picked her up. They brought her there.

[01:03:43]That was Dalton McKenzie and Dalton and Abby. All of the sudden they were on the concert together while they were in the hospital.

[01:03:49]That was for them. Everything she did after the accident was either an hour with him to talk with him, or just be by him, anything that she can.

[01:03:59]She's like devastated and hurt. He was the air that she breathes. Well, then they went with his cousin.

[01:04:07]After we spent all kinds of time with them after the accident and um Um what was the other thing?

[01:04:14]I'm hearing an awful lot about your daughter. I'm not hearing very much about him at all.

[01:04:18]They all They all loved each other. They all spent every day together. You know what I mean? I don't I don't want And isn't that part of the problem, Mrs. Shirilla? Sorry? Isn't that part of the problem, that they all trusted each other? Isn't that part of >> It's not a problem at all.

[01:04:33]It's a problem with how they all ended up in the car together and two of them ended up dead.

[01:04:37]I understand the anger. I understand what it looks like. I'm I'm saying that it was a tragic accident. She would never Well, we're going to have to disagree on that.

[01:04:45]Right. And I respect your position that you disagree with me.

[01:04:50]But anyway, that's I just wanted to address those We told her to go to those things. And then she did go with him.

[01:04:54]Dalton's family. So, look at that. Don't look at the way they look at me.

[01:04:58]Look at that. Look at them believing her guys sitting here, please. This is that those things are not relevant to my statement. Not at all. Not at all. I agree. But if you If you would If you would have a moment, all you would need is a 5 minutes of a to learn about her, to learn who she is.

[01:05:14]Just that we don't need 5 minutes to learn who she is and what she's capable of not doing and what you already know and you would see for yourself. The freaking audacity. I mean, I don't even know where to start, but let's break this down. First of all, that was the most insincere apology made to the victim's families that she could have possibly come up with. Second, why the hell was she referring to Davion as a new friend? I'm glad the judge called her out on this and said, well, does that make his death less bad? Instead of a statement on behalf of McKenzie, I believe she made these things 100 times more worse for her. Her entire little speech was trying to argue with the prosecution just said about her instead of I don't know, saying just about anything else. It is truly unbelievable.

[01:06:01]McKenzie spoke and begged the judge for mercy.

[01:06:05]The family has Oh God, I'm so sorry.

[01:06:09]I'm so deeply sorry.

[01:06:11]I hope one day you can see that I would never have let this happen. We ate breakfast I wish I could remember what happened.

[01:06:18]I'm just so sorry. I'm heartbroken. I loved Davion. We were all friends and that was my soulmate. I wish I could take all your pain away. I'm so sorry.

[01:06:28]And to my family, thank you for the support and all the love you guys give.

[01:06:33]Thank you for not abandoning me. I love you all so much.

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[01:08:14]quince.com/ae When it came time for sentencing, the judge did not mince words and the judge absolutely slammed McKenzie.

[01:08:32]Today is the sentencing of the defendant for the purposeful and intentional murders of Davion Flanagan and Dominic Rousseau.

[01:08:39]And in a way, it's the second time their families are gathered again to grieve.

[01:08:44]It's also a day when McKenzie's family will grieve for the future of their daughter.

[01:08:50]All three of these families and the friends of these families are suffering.

[01:08:55]And all of their lives have been irrevocably changed because of the actions of the defendant.

[01:09:01]The unintended and collateral consequences of a selfish, intentional, and cruel decision by Mackenzie will ripple forever in time.

[01:09:11]It's literally changed history because it's ended two lives.

[01:09:18]Two young men are dead.

[01:09:20]Their deaths were horrible, terrifying, and tragic.

[01:09:25]I will say again, if any reasonable person reviews exhibit 802, there can be no doubt in your mind what happened this night.

[01:09:36]There can be no doubt of the absolute terror of the two people in that car.

[01:09:46]The defendant controlled all the events.

[01:09:48]She chose the day.

[01:09:50]Specifically, she chose a day just before her 18th birthday.

[01:09:54]She chose to drive the car, the time to drive the car.

[01:09:58]She chose an obscure, previously scouted route through an industrial parkway.

[01:10:03]She chose the target to hit and the victims.

[01:10:06]She chose the means and the method to follow through.

[01:10:10]And she planned and purposely executed the events of July 31st, 2022.

[01:10:16]The review of the evidence supports the factual findings, the forensic testimony, the testimony of the first responders, the testimony of the emergency room doctors who treated the defendant, the testimony of the coroner's medical examiner, the testimony of those who knew the victims and the defendant, and the testimony of the BMV official who provided evidence that not only did the defendant deny any medical condition when applying for her license, which her mother co-signed and attested to, but also that just after the accident, Mackenzie renewed her driver's license and again denied any medical condition.

[01:10:54]In fact, the defendant was so concerned about driving that as the state mentioned during the investigation she asked if they could just suspend her license for 10 years.

[01:11:04]It is hard to fathom how person could be concerned about their driving privileges having just been responsible for the deaths of two people.

[01:11:14]There was no medical condition that caused this as an accident. There was no mechanical failure of the car.

[01:11:21]The record is clear on the facts and the evidence.

[01:11:24]Her mother's own corroborated statements without any medical testimony or records is not persuasive.

[01:11:30]It is also important to remember that even if McKenzie intended to also die in this crash that is irrelevant.

[01:11:38]A failed suicide attempt is not a defense to murder.

[01:11:43]And even in a murder-suicide attempt when a perpetrator executing the plan survives the other death or deaths are still murder.

[01:11:52]There's only one person who's responsible for the pain of everyone in this room. That person is you, McKenzie.

[01:11:57]Nobody else is responsible.

[01:12:00]This isn't the fault of Dominic's family or Davion's family or your family.

[01:12:06]And I know that each of you have asked your questions to yourselves what if.

[01:12:10]What if I had done this or that.

[01:12:12]The truth of it is none of us can control the intentions of another.

[01:12:17]And when there is a purposeful intent to harm or kill someone it is the perpetrator alone who bears the responsibility for the choice and the consequences and the harm that follows.

[01:12:30]The difficulty for sentencing today, honestly, is whether or not I believe you should get consecutive sentences.

[01:12:41]I'm troubled that should I give you a concurrent sentence that people will believe that somehow I'm being disrespectful to one of the victims.

[01:12:51]And on the other hand, I have to weigh the punishment.

[01:12:57]There's a very good likelihood, Mackenzie, that you will spend the rest of your life in prison.

[01:13:02]That won't be up to me.

[01:13:04]That will be up to the parole board.

[01:13:06]And that will be up to you to a great extent. Mackenzie was sentenced 15 years to life, meaning she will be at least 34 years old during the first time that she is eligible for parole. And unless Mackenzie shows true change, takes accountability for her actions, or does some serious self-reflection to realize the devastation that she caused to her victims' families, she will be lucky if she gets out the first time she's up for parole. So, that now leads us into some major updates in this case. After her trial, Mackenzie got a new legal team.

[01:13:38]And they were doing everything in their power to prove that Mackenzie was innocent. They claimed that she had a medical episode that occurred at or around the time of the car accident, what they're calling quote the incident.

[01:13:52]And they're saying that that medical episode caused her to ultimately lose consciousness, which then resulted in the crash. They also claimed that key evidence in the case had been missed during her trial. Evidence that they say proved that Dominic was actually the one threatening Mackenzie and not the other way around. Now, this proof that they had, it was text messages from Mackenzie's phone. And one of the text messages is from July 17th, 2022.

[01:14:21]It was sent at 12:45 p.m., so just afternoon, and it said, quote, "Can you come get Dom? He just grabbed my steering wheel on the highway trying to spin out my car and hurt me." End quote.

[01:14:34]Then, that same day, just a few hours later at 4:27 p.m., Dom texted Mackenzie saying, quote, "I'm sorry." To which she responded, "That is not enough to fix it this time. So, with these messages, her new legal team is saying, "No, no, no, look. He is the one who put her life at risk in the past. He is the one who would antagonize her. We have a history here. We have a pattern." Which, to be honest, I think there was probably toxicity in both directions in this relationship. In October of 2024, Mackenzie's defense team then filed its post-conviction relief petition, otherwise known as a PCR. And in this, they requested a new trial. But get this. You can't just file those things whenever you and your defense team are, you know, feeling up to it. It's something that has to be done in a timely manner. And Mackenzie's defense team, well, they were 1 day past the deadline that is mandated by Ohio law.

[01:15:30]So, Judge Nancy Margaret Russo, the same judge who found her guilty during her trial, denied this petition. Which, look, I can understand the frustration with that. Technically, yes, you got to follow the rules. If it's mandated by state law, there's a deadline. I also can see the argument where people will say, "It was only 1 day late. Like, you know, don't be so rigid. Let it go in."

[01:15:50]All of these things. But then, I think when you do that, you have to make allowances for 2 days late or 3 days late. I don't know. So, I understand the frustration here, but I also understand why the decision was made. So then, Mackenzie's parents broke their silence.

[01:16:05]Now, up until this point, they were not doing interviews or any public appearances whatsoever. Now, why they finally decided to, who really knows.

[01:16:13]Maybe it was a Hail Mary. Maybe it was trying to humanize the situation. It's really unclear. And I want to play some of it for you. Because, if nothing else, I feel like it's fair to say this family sure has the audacity. Okay? Now again, if you are listening to the audio version of this, it will be clear, but there will be captions and video on the YouTube version. I struggled with this because how can I feel bad that these two boys died and and be happy >> grief with these families and then be absolutely overjoyed that my kid is alive. Show me one piece of evidence, one, that says she did this on purpose.

[01:16:51]Show it to me. Here it is. That's it.

[01:16:53]Then she's right where she belongs and she's guilty of it. But there isn't any.

[01:16:57]There's no evidence what was going on in that car other than the information they gleaned from the black box information.

[01:17:04]>> poor families think she did it intentionally and she didn't. And there's like And they don't know.

[01:17:09]There's information they didn't see.

[01:17:11]There's information they didn't have.

[01:17:12]There's information we didn't see or have. Should she be imprisoned for murder?

[01:17:17]>> No. Absolutely not. Should she be imprisoned for aggravated vehicular homicide? I don't even know about that.

[01:17:22]>> I don't I don't know about the aggravated part cuz I don't think you can still say what I was going on in the car. Should she be Should she have been charged with reckless vehicular homicide, two counts? Absolutely.

[01:17:32]Absolutely. If it was medical. What kind of hopes, what kind of expectations do you have for McKenzie's future?

[01:17:39]That the truth will set her free. That's what I need to have happen. The truth that there was no intent. That part. The truth will set her free. So when I first saw this interview, my jaw was on the floor. Honestly, I don't even really know why. I mean, McKenzie's mom had proved to us before that she just rambles and makes excuses for her daughter. So I don't know why I expected her to change or for there to be a different tone to this conversation or what, but it did somehow still surprise me. And I think if I were McKenzie, I'm just, you know, putting myself in her shoes for a moment, I'd be telling my mom, you know, zip it. Stop talking. Go into hiding. I don't need you speaking on my behalf anymore because at this point, if she keeps it up, she may ruin any chance of McKenzie ever getting out on parole. And while we're on the topic of the whole Sherrill family, we also have to go over another thing. I never had too much hope that McKenzie would show actual remorse. I think she's entitled. I I she thinks that the rules don't apply to her and I just never expected to see genuine remorse from her because to me Mackenzie has already proved that she has always seen herself as the victim and that she probably always will think that way. And in the summer of 2025 there were some jail calls between Mackenzie and her mother that were released. One of the calls was from August of 2023 and it was about a court hearing that Mackenzie had been through. And instead of just describing this call to you, I'm going to play you some clips again because I feel like it is much better hearing things through their mouths and how they deliver the statements. So take a listen.

[01:19:14]How do you think I did, okay? Yeah, that prosecutor was pissing me off though. I don't know what he's like cuz I know I'm like I was getting so pissed off like I wanted to like get up and be like shut up and like tell him to sit like so bad.

[01:19:25]He was pissing me off. He was so annoying.

[01:19:27]>> ready for anything. We got nothing to hide. You could ask me anything you want. All I've been eating is peanut butter bread and cookies.

[01:19:33]Yeah.

[01:19:35]Yeah, I'm excited to see how that you Please have somebody get that to work for you.

[01:19:38]I know I'm going to.

[01:19:41]This is just irritating as Yeah.

[01:19:44]Yeah, but I can't do anything.

[01:19:45]>> I don't like how I can't come out of my room. Why the [ __ ] am I on a 7-day hold?

[01:19:48]That just pisses me off. It's just part of the procedure. There's nothing you can do about that. I I there's a third victim and it's me and I lost the love of my life and a good friend and now I have to deal with this grief the rest of my life and deal with like being a scared to drive and stuff like that's just like I know.

[01:20:08]I know, honey, there's nothing I can do about that though.

[01:20:10]>> just pay my bond and get me out of here, please?

[01:20:14]Like go to a bail bondsman and see if they can do the 10%?

[01:20:18]Why aren't you listening? I'm going to hang >> I am listening. Thank you to somebody.

[01:20:22]When you were talking I don't know how much an appeal is.

[01:20:27]Okay? So can we just wait until Monday?

[01:20:30]Okay?

[01:20:32]Yeah, let's just wait until Monday I can just probably I'm probably they're probably going to take my bond away on Monday.

[01:20:37]That's what I mean, so let's just wait.

[01:20:39]What do you mean that's what you mean?

[01:20:40]They're probably going to say there's no more bond.

[01:20:43]On Monday.

[01:20:45]No, we don't know if that's that's true or not.

[01:20:49]I know this whole situation and you're just going to have to wait. This is just wrong what the [ __ ] they're doing. It's so wrong and they're just trying to use it.

[01:20:57]I know.

[01:21:00]Yes, I'm getting very irritated like I I need to get the [ __ ] out of here cuz they're just trying to [ __ ] me over bad as [ __ ] Mackenzie also brought up her medical condition claiming that it had now gotten worse ever since being in jail and that now she was having even worse episodes than she ever had before.

[01:21:17]First of all, when I got diagnosed, nobody ever told me that could like anything about driving.

[01:21:22]>> on the license. Exactly. Nobody and you know said ever.

[01:21:26]>> Uh-uh.

[01:21:26]Nope and if they if we do have to then we will. I wasn't trying to lie.

[01:21:31]>> care. Like why would we lie and just not do that? Like if that if I knew that would could affect my driving, I probably would never drive like No, no. People No, you people are allowed to drive with that. So don't say that. And ever since I got in here, it's been bad again. Like I don't know what it is. Like like I blacked out the other day and like it was so weird. It was like not normal.

[01:21:54]Like it wasn't like bad how it usually is but it was also like not like good. I don't know how to explain it. It was like the first time I ever had a blackout like that. Like it was like weird as [ __ ] I don't know how to explain it.

[01:22:02]>> Well, just make sure you're eating.

[01:22:04]Okay? When you get your comment if you can do your commissary, make sure you get some chips. Now like I said, those calls were back in 2023. So who really knows whether she was exaggerating those blackouts, exaggerating the symptoms, just trying to look better for her trial, who knows.

[01:22:20]But it does seem to me at least like she still is standing by the idea that she had some sort of medical condition. And I'm really curious to know what you think about that, though, because when this case first exploded, it felt like honestly, the overwhelming majority of people believed that McKenzie was guilty. That this was intentional, entitlement, audacity, all those words, right? No question. But now, with some of these text messages coming out, and McKenzie and her medical condition claims, do you feel the same? Do you feel like there's room for, you know, questioning that and that it's not as black and white as people thought? Do you think that those text messages are enough to potentially change the outcome of this case? And do you believe that there's a world in which some other scenario occurred and that's what caused the crash? That it wasn't McKenzie's doing. Whether it was one of the passengers grabbing the wheel or some sort of genuine medical episode that triggered it. I don't know. Let me know in the comments. Like I said at the beginning of this episode, I still firmly believe what I believe about this case. Yes, I don't think that those text messages are great, but again, I think it just shows toxicity from both sides.

[01:23:31]I still think that even if it was a medical episode, I would imagine that there would be a level of remorse. Even if when I've gotten into a car crash in the past and if like I had someone in the car and I just rear-ended somebody, you're remorseful, even if it's an accident, you know? And so, even if it was this thing that she had no control over, where is the remorse and the accountability with that to say like, "I'm devastated. I can't believe this happened. Da da da. Like, my illness, I need help." I don't know. It's just not quite landing for me. But maybe I'm rigid in my views. Who the hell knows?

[01:24:04]So, curious to know what you guys think about this case. Maybe I will also throw a poll up on Spotify, just so that we can gauge what everybody's thinking.

[01:24:13]But, take a quick second. If you're watching this on YouTube, leave a comment that says, "I think this was intentional." Or, "I think this was an accident." And we can gauge the responses. And for all of my podcast listeners, if you're listening to this on Spotify, you can vote on the poll.

[01:24:27]But, if you're listening on Apple, leave a review for the podcast and let me know in the section where you can write a review. Let me know what you think about this case. So, thank you so much for listening. Let me know too if you watched the Netflix documentary The Crash and what your thoughts are now after seeing that as well. But, I always like to come on here and cover some of the documentaries that I'm familiar with already with the case that Netflix covers because there's only so much information you can squeeze into 90 minutes or even like three 45-minute episodes, and I feel like sometimes a lot of the minutia, you know, the details get lost within it, and so that's why I'm here to give you the deep dive, to give you all the information that maybe isn't shown because it can't be squeezed into a 60-minute episode.

[01:25:10]So, so again, if you're brand new and this is the first episode of mine you've heard and you appreciate the case coverage and you feel like it's your style, your vibe, make sure that if you're listening on the podcast, you press the follow button so that you don't miss future and if you're watching this on YouTube, press the subscribe button so that you don't miss future videos. All right, everybody, thank you again for tuning in today and until the next one, be nice, don't kill people, just be a good human, and drive the speed limit. All right, thank you. Bye.