SERIALously - 56: Mackenzie Shirilla

Episode Date: September 4, 2023

Welcome back to this week’s episode of SERIALously! In today's episode, we are going to talk about the case that went viral almost overnight after the verdict and sentencing of Mackenzie Shirilla. I...n the early morning of July 31, 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. I wanted to cover this case because I really couldn't find any information about what all the facts were in the case or what exactly happened, other than headlines, so you know, I had to do a deep dive and dig everything up for you guys. And what I found may seriously shock you... Your True Crime BFF, Annie Elise  Merch Drop Link: https://shop10tolife.com/  All Social Media Links: https://www.flowcode.com/page/annieelise_  About Me: https://annieelise.com/  SERIALously FB Page: https://www.facebook.com/SERIALouslyAnnieElise/  For Business Inquiries: 10toLife@WMEAgency.com Today's Sponsors: Lumi Labs -  Go to https://www.Microdose.com and use code: AE to get free shipping & 30% off your first order. PDS Debt - Get your free and easy debt assessment at https://www.PDSDebt.com/Save Sources/Credits: Cuyahoga County Court Records WKYC Fox8 Cleveland19 Law & Crime Network Strongsville Police Department  Strongsville Police Department FB

Transcript
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Starting point is 00:00:00 Hey true crime besties, welcome back to an all new episode of Serialistly. Hey everybody, welcome back to an all new episode of Serialistly with me, your true crime bestie Annie, and I am here to break down another case for you today. Before we jump right in, I just want to kind of say so many of you guys have been requesting this case and as I was researching it and learning more about it, I became enraged. Like this red mist just came over me because I was just like the audacity of some people, the entitlement of some people. It's truly mind-blowing, which now there is, it's no surprise to me why so many of you guys have been requesting it.
Starting point is 00:01:02 So before we jump in, please take a quick second, do all the podcast things like the video version of this. If you're watching on YouTube, rate the podcast, leave a review, do your thing. I appreciate it so much. So if you haven't guessed by now, let me just tell you what we're going to be going over today because it is a deep dive. We've got a lot to talk about and a lot of sourced video footage, audio. I mean, we're going to be here for a minute. So in today's episode, we are going to be talking about the case that went viral almost overnight after the verdict was read and the sentencing was done. It is a harrowing story about a young girl whose actions led to the deaths of two young men. Now, I wanted to cover this case too because I really couldn't
Starting point is 00:01:45 find any information out there about what all of the facts were in the case or what exactly happened other than the headlines and what we were seeing on social media. So you know that I had to go and I had to do my deep dive thing and I had to dig up every single thing that I could for you guys and what I found may seriously shock, even if you think you already know everything there is to know about this case. So buckle up and let's get right into it. I'm not even cool. I'm just one of those girls that can do a lot of drugs and not die. There can be no doubt of the absolute terror of the two people in that car. She morphs from a responsible driver to literal hell on wheels.
Starting point is 00:02:25 Mackenzie Shrilla murdered my son, Dominic, as well as Davion. I'm so deeply sorry. I hope one day you can see I would never let this happen or do it on purpose. She decides she is going to end everyone's life. Let's watch. Everyone's life. Let's watch. Mackenzie, going to prison because you did this. Only God at this time can have mercy on her soul. 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. Initial reports began to surface about a devastating car accident involving three people,
Starting point is 00:03:27 19-year-old Davion Flanagan, 20-year-old Dominic Russo, and 17-year-old Mackenzie Shrilla. 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 Shrilla 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 passerby, a runner who was out for their morning jog, came upon the wreckage and immediately dialed 911. 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
Starting point is 00:04:17 though, both Dominic and Davion were declared dead at the scene. Mackenzie, who was driving the car, was critically injured and flown to Metro Health Medical Center. Investigators waited for the results of her blood testing, which would show if drugs or alcohol played a role in this crash. The victim's families and the community were completely grief-stricken and, frankly, just sick about this. 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
Starting point is 00:04:59 to open up his own barber shop after high school. But now, all of that was gone in an instant. 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 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? Mackenzie underwent extensive medical treatment for her injuries and somehow survived miraculously.
Starting point is 00:05:44 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, how many years has it been? 20 years later, 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
Starting point is 00:06:24 blacked out. I remember leaving the house that morning. I don't remember the 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 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 so there has been a lot of speculation if Mackenzie 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
Starting point is 00:07:08 because for me, that is exactly what happened. Our hearts grieve right now for the families. I think anybody that has children can really commiserate with this loss. Our heart breaks for them. Strongsville police say a passerby noticed a smashed up car up against a building in the Progress Drive business park around 6 15 Sunday morning. Investigators say it appears the car failed to stop at the end of Progress Drive, traveled across the lawn of the business, hit a sign, and then crashed into the building. Police say it appears McKenzie Shurilla was driving and speed was one of the factors.
Starting point is 00:07:54 I think it played a role, but it's still difficult to say how fast the car was going. But with the kind of damage it was there, the way the vehicle struck the sign and then the building all plays a role in it. 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. Some people thought that this was just a tragic accident. But others who knew Mackenzie 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. Mackenzie and Dominic began dating in 2021, and they had an overall tumultuous
Starting point is 00:08:38 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 Davion was one of Dominic's close friends. According to news reports, Davion, Dominic, 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 Dominic offered to give Davion 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
Starting point is 00:09:16 Instagram and TikTok really upset people as well, and we will get into specifically what she posted here shortly. Don't worry. Most of her social media has now been deleted, so I couldn't find much except for a few screenshots here and there. 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. 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. And some pictures sparked outrage because people thought that she just was moving on with her life as if nothing ever happened with no
Starting point is 00:09:54 remorse at all. 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 Mackenzie'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 Mackenzie 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 Mackenzie would just get away with her selfish and dangerous behavior once again. Well, all of that online speculation and
Starting point is 00:10:35 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. On November 4, 2022, McKenzie was arrested. According to court documents, McKenzie faced a total of 18 charges. Counts 1 and 2, aggravated murder. Counts 3, 4, 5, and 6, murder. Counts 7, 8, 9, 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.
Starting point is 00:11:19 Count 13, trafficking. Count 14, drug possession. 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. 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 19, 2022. Those charges were count 16, breaking and entering, count 17, vandalism, count 18, desecration. McKenzie's blood test from the hospital revealed
Starting point is 00:12:00 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. Mackenzie'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. 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. When the crash occurred on July 31st, 2022, Mackenzie was 17. Her birthday is on August 2nd, so she turned 18 just two days after everything happened. She had a hearing in April of 2023 via Zoom, where McKenzie pleaded not guilty as the
Starting point is 00:12:54 judge continued her bond at $500,000, but again, McKenzie remained in custody. During the hearing, the prosecution told the court, the evidence in this case overwhelmingly indicates that these were intentional and purposeful deaths. On July 19, 2023, almost a year after the horrific crash, McKenzie had her first pretrial hearing. During the hearing, McKenzie did not accept a plea deal that the prosecution was offering, and her lawyer indicated that they were prepared for trial. Thank you, Your Honor. At this time, the state has provided full disclosure of discovery. I have received an offer from the defense, and my supervisors marked this file. The state's proposed resolution to the case would be for the defendant to plead guilty to counts three, four, and 11 as charged.
Starting point is 00:13:47 Counts 3 and 4 are both titled murder. They are murder B under 2903.02B. Counts 11 is drug possession and felony of the fifth degree under 2925.11A. That's my understanding the defense is not interested in the plea at this time and we are set for trial August 7th. Mr. Dunn? That's correct, Your Honor. I went on Monday and discussed this at great length with Mackenzie the week before that with her parents present, talked with her today and it's her decision that she does not want to enter a plea in 2001. And McKinley, are you satisfied with your lawyer so far? You can say yes or no.
Starting point is 00:14:35 In the U.S., 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. 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. 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
Starting point is 00:15:16 to waive a jury trial. 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 five days after Mackenzie's 19th birthday. During opening statements, the prosecution detailed all of the moments leading up to the devastating crash. 6.15 in the morning, Strongsville police and emergency personnel received the 911 call. They revealed the black box inside McKenzie's vehicle had been clocked at 100 miles per hour. 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. They also had cold hard evidence to prove this. Because
Starting point is 00:16:07 when the accident occurred, a nearby building security camera caught the entire thing on video. In the video, you can see Mackenzie's car going extremely fast before disappearing off the screen and ultimately crashing. 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, an admissible statement, and she said, Dominic, I'm going to crash this car. We find that it is especially important to her state of mind just two weeks later when she used the car to kill Dominic Rousseau.
Starting point is 00:16:53 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 Mackenzie maybe speeding and saying, oh my God, dark out, it's light, 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. Is it sudden acceleration, panic? Those are all possibilities. Mr. McDonnell also said that the side airbags going off in the final seconds before the crash
Starting point is 00:17:44 could have contributed to the severity of the event. He said, and I quote, it occurred in about four and a half to five 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 five seconds of recordings and those five 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 four-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 Mackenzie flying by at 100 miles per
Starting point is 00:18:26 hour. There was another building that captured footage of Mackenzie turning on the street before pressing on the gas. In this video, you can see Mackenzie 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. 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. Even worse, experts spoke about the EDR box in Mackenzie's car and said that through their investigation, they were able to determine that
Starting point is 00:19:05 McKenzie had the gas pedal pushed all the way down and made no attempt to ever even use the brakes. The crash team analyst also said about one 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 said, and I quote,
Starting point is 00:19:47 He also suggested that because it was dark, maybe it was hard for McKenzie to see. 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 Mackenzie. After all, Mackenzie had even lived with them for a while. But the love story that she painted between Mackenzie and her son, Dominic, was far from rosy. It seemed like they were always at odds with threats and arguments
Starting point is 00:20:46 overshadowing the good times. She also brought up a text message that Mackenzie sent her after the crash where Mackenzie 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. Then Dominic's older brother Angelo Russo took his turn. The raw emotion in his voice said it all. He talked about how Mackenzie 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.
Starting point is 00:21:33 One of Dominic's friends, Christopher Hench Martin, was also called to the stand to testify. This was to testify about an incident between Mackenzie and Dominic in a heated fight where she threatened him. According to court documents, on July 17, 2022, approximately two weeks before the deadly crash, McKenzie was driving her vehicle on Interstate 71 with victim Dominic Russo as the passenger when she threatened to immediately crash the vehicle. 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. Dominic's friend, Christopher Henchmartin, went to pick
Starting point is 00:22:15 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. Mackenzie exited the highway onto Route 82 between Pearl Road and Bagley Road. As the friend pulled up to get Dominic and Mackenzie's car pulled over to the side of the road, the passenger door opened and the friend observed Mackenzie striking Dominic with both of her hands. Dominic then exited the vehicle and left with his friend. I remember the very first time that I heard about microdosing and it was a couple of years ago and I really had a totally different perception naively of what it was than I guess what it actually is. I didn't realize that people actually microdose to perform better, to have more creativity, to
Starting point is 00:23:05 sleep better, to be more focused. And today's show is sponsored by Microdose Gummies. Microdose Gummies deliver perfect entry-level doses of THC that help you feel just the right amount of good, regardless why the reason you're taking it and what you're trying to enhance or focus on. Now, really quickly quickly we're all adults okay so I feel like I can share this with you guys here. I know there's no kids listening. I've seen my demographics. I know that we're all adults. I don't smoke weed. Let me let me rephrase that. I can't smoke weed because I get hyper paranoid. I hate the feeling. It's just not good for me but I'm also somebody who is a terminal multitasker. My mind is always racing
Starting point is 00:23:46 a thousand miles a minute. I have new ideas all the time, new things I want to get done. And it's very hard for me to just focus, to be in the moment, to just chill out and actually be content. So so many people in the past have suggested that I try smoking, but I can't. So that's where microdose gummies have really helped me they've helped me slow down put my phone to the side and just really be where I'm at be in the moment I can actually focus on what I'm reading I can sit in the moment and enjoy my surroundings without feeling like I have to pick something up look at my phone check my email jot down an idea I have it really just has helped me kind of see the beauty in life again and slow down if that makes
Starting point is 00:24:25 sense. And I wanted to just clarify that for anybody else out there who has heard the term microdosing and has thought what I used to think that it was something really far from what it truly is. So microdose is available nationwide. To learn more about microdosing THC, go to microdose.com and use my code AE to get free shipping and 30% off your first order. The links can be found in the show description, but again, that is microdose.com code AE. The prosecution also brought up another incident in July of 2022 between McKenzie and Dominic. 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
Starting point is 00:25:12 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 Mackenzie inside of his home at the time, and he made multiple attempts to reason with Mackenzie, to calm the defendant down and communicate with the defendant in a better manner. Mackenzie refused these attempts and can be heard banging on Dominic's house door, demanding to be let inside. Mackenzie called Dominic a multitude of degrading and highly inappropriate names. Despite Dominic's efforts trying to reason with McKenzie,
Starting point is 00:25:51 she refused to listen and continued her erratic behavior. 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 fucking problem. She threatened to break the handle off the door and can be heard hitting and damaging the door as well. McKenzie stated, and I quote, Dom, I'm going to give you one last second or else I'm keying your car. Dominic then not let me in the house. You're going to keep my car? That you don't let me in the house, yes.
Starting point is 00:26:46 She threatened his property? Mm-hmm. She threatened to break into his house? Correct. Did Dominic threaten the defendant? No. How would you describe Dominic's tone on these videos? Very calm.
Starting point is 00:26:58 How would you describe the defendant's tone on these videos? Irate and angry. And when you're asleep, you don't know what was happening? I did not know. I know. And you didn't see Dominic and McKenzie fight at all? No. Everything seemed fine to you, right? Yes. That trial continues in the morning. 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
Starting point is 00:27:37 court documents, the prosecution believed McKenzie's past threats and aggression toward Dominic provided an important perspective of how Mackenzie responds in situations where she is displeased or in disagreement with others. 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 act's evidence confirms that there was no mistake or accident in deliberately crashing her car and ending the lives of the victims. Dr. Esther Steng, 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
Starting point is 00:28:25 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 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. One of the prosecution's theories was that Mackenzie 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 Davion, who was just innocently trying
Starting point is 00:29:06 to get a ride home, was collateral damage. And Mackenzie didn't even care if he died too. However, some people who were at the same party before the crash didn't recall anything crazy going on between Dominic or Mackenzie that night. So either something must have happened in the car or she planned on going through with it that night anyway. But the prosecution had even more damning evidence to prove this was in fact a premeditated planned murder because there was evidence that Mackenzie had been to that area of the crash just three days beforehand and they showed the courtroom data of her cell phone being in that vicinity. They suggested this as proof that she was familiar with the scene before the day of the crash
Starting point is 00:29:49 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 Mackenzie was trying to kill herself along with Dominic and Davion in the car, but just happened to survive. However, Mackenzie's attorney said that she was not suicidal in any way. McKenzie'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 McKenzie has a condition called POTS, postural orthostatic tachycardia syndrome, a condition which causes dizziness. When the connection between the crash and Mackenzie's condition was brought up, her mom said that it could be.
Starting point is 00:30:30 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. After four days of trial, each side presented their closing argument. They're really never going to know what happened in that car, much less prove by evidence beyond a reasonable doubt that she purposely drove that car. Purposely. It has to be established that at the time in question,
Starting point is 00:31:15 there was present in the mind of Mackenzie a specific intent to cause the death of her boyfriend, Dominic Rousseso, and her friend, Davian Flanagan. She controlled that car the whole way. She wants us to think she drove the length of Progress Avenue asleep at the wheel, that she drove down that road that yourself drove down there on her, and that somehow that car magically steered itself into that wall. Her foot was on the pedal the entire way. Sharila is also facing charges of felonious assault and aggravated vehicular homicide.
Starting point is 00:31:58 The judge says she'll deliver a verdict on Monday at 1 p.m. And then the verdict was in. There is nothing that I can do or say today that will return these two young men to their families. There is nothing I can say or do that will restore Mackenzie Sherilla to the life she had before July 31st, 2022. 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. This trial is a culmination of decisions made by one person, the defendant.
Starting point is 00:32:37 Those decisions have forever altered the futures of three families and of you also, Mackenzie, and your decisions forever rob Dominic and Davion of the futures that they had before them. If there is one thing that can be taken away from this case, as painful as it is, it is this. Every decision we make is important. Every action we make is important. 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.
Starting point is 00:33:12 The consequences ripple through time and affect many more people than one might think at the time of the decision. In criminal cases, the state carries the greatest burden under our law, proof beyond a reasonable doubt. 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. This is the type of evidence you can never unsee. You can never forget the visual or audio of this exhibit it's chilling and tragic as you review that exhibit you know that you are watching the oncoming deaths of two people
Starting point is 00:33:54 and there is nothing that will stop it the video clearly shows the purpose and intent of the defendant she chose a course of death and destruction that day. Exhibit 802 crystallizes the deadly decision-making of the defendant. She morphs from a responsible driver to literal hell on wheels as she makes her way down the street. Mackenzie alone made the decision to drive her car, to drive an obscure route, a route she visited a few days before, and a route not particularly taken by her. Mackenzie alone chose the time to make the drive, early in the morning, when any reasonable
Starting point is 00:34:35 person would expect that few people would be nearby to witness it or offer life-saving assistance. She made these decisions despite knowing, as any reasonable person would, that her mission of death could have involved others, not even in the car with her. Other people, other cars, pedestrians. She had a mission and she executed it with precision. The mission was death. Mackenzie alone decided to push the pedal to the floor and demand the ultimate speed of that vehicle to 90 to 100 miles per hour. She alone decided what was to be. McKenzie decided death was the ultimate goal that day, and she alone made that decision for Dominic and Davion, and she continuously asked for the manner to ensure her purpose. Whether or not she intended to also kill herself is a matter of speculation.
Starting point is 00:35:28 They have no relevance to the rank of the evidence in this case. The totality of the evidence clearly demonstrates that Mackenzie Shurilla acted purposely and intentionally in the early morning hours of July 31, 2022, when her purpose was to kill Dominique Rousseau in Newtown, Atlanta. No reasonable fact finder could view the totality of this evidence. In this case, you come to any other conclusion. Her actions were controlled, methodical, deliberate, intentional, and purposeful. This was not reckless driving. This was murder
Starting point is 00:36:08 or renders the following verdicts count one the court having had count one tried to pursue into waiver finds a defendant mckenzie shirilla guilty of murder to win dominique in violation of the party vice code section 2903.02a, it's charged to count one. Count two. The court, having had count two tried to a pursuant to waiver, finds it's Senate McKenzie-Scherilla guilty of murder to wit Davion Flanagan. In violation of our advice code section 2903.02a, it's charged to count two of the indictment. Count three, murder. The court, having had count three tried to in pursuance of waiver,
Starting point is 00:36:52 finds the defendant, Mackenzie Shirell, guilty of murder to wit Dominic Russo in violation of the R.A. Vice Court Section 2903.02b is charged in count three. Count four, murder. The court, having had count four tried to pursue a waiver, finds the defendant, McKenzie Sherilla, guilty of murder to wit Dominic Russo in violation of a Harry Weiss Code section. 2903.02b is charged in count four. Count five, felonious assault. is charged in count four. Count five, felonious assault. The court, having had count five,
Starting point is 00:37:32 tried to and pursuant to waiver, finds a defendant, Mackenzie Sherrill, guilty of felonious assault to win Dominic Russo in violation of our revised code section 2903.11 of the revised code, is charged in count five of the indictment. Count six, felonious assault. Mackenzie was found guilty on all counts. In the video, you can see Mackenzie's family seated in the front row behind her, visibly upset and shocked. As Mackenzie was leaving the courtroom, you could hear her family speaking loudly to talk to her. I love you, baby. I love you. I love you. I love you. I love you, baby. At McKenzie's sentencing, the judge heard a victim impact statements from the victim's family. Your Honor, my name is Jamie Flanagan.
Starting point is 00:38:17 I am the mother of the victim, Davion Flanagan. I want to share a small part of what we lost on 7-21, I'm sorry, 731, 2022. My son, Davion, is and always will be so much more than cargo. He was precious, he was an amazing soul with a heart of gold. He gave to the world what he wanted most in his own life, love, the kind of love that would rescue a friend in the middle of the night, no questions asked.
Starting point is 00:38:49 The kind that would protect others and honor them. He made friends easily with his infectious smile. He was a gifted athlete. He had plans to go to barber school and open his own shop. My son did not have a clique of friends but instead was a friend to all. 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. DeVion made
Starting point is 00:39:22 sure that everyone that crossed his path knew that he truly saw them that he valued them and that they were worth his time deviant and my kids have had more than their fair share of heartbreak of hardship and of loss. Davion was adopted with his sisters from foster care. They are biological siblings. We are honored to be chosen or to have been chosen to be their parents. They're forever family. I am devastated by the loss of Davion. The world lost a truly special man. My girls lost their best friend, their protector, the one and only trusted family that has been by their side from day one. This alone, or he alone, understands the pain and loss that they have gone through and was always there for them. This fact alone breaks my heart for my girls, for my family.
Starting point is 00:40:30 So many dreams shattered, a future stolen. We will never get to see the amazing man that he was surely to become. His life was precious. Like I said, he was so much more than cargo. I pray daily for strength and perseverance for myself and for my family. I also pray that Mackenzie will find true remorse in her heart and true repentance. We thank all of those that worked so hard to help us bring justice for our son. We are forever thankful.
Starting point is 00:41:05 Davion, we miss you terribly, but as Christians we grieve with hope. We will make sure your memory lives on, and we ache for the day that we are united again in eternity. Hello, could you start with your name? Hi, Your Honor. My name is Devine Flanagan. Davion was my older brother. The passing of Davion Markell Flanagan has been very difficult for me. We have gone through everything together since day one. Davion was a big brother to me and my younger sister, Dahlia.
Starting point is 00:41:42 We all got adopted together in 2012. After Davion passed away a lot of trauma and past pain has came into my life causing it to be difficult to hear from this traumatic event. Davion was not just a big brother to me but a role model in many ways. He was the person I trusted the most because he made me feel safe. He taught me the importance of cherishing each moment and enjoying life. The memories we have are strong, but losing him has shown me the value of life. He has how God works in ways you can't understand but is worth it in the end.
Starting point is 00:42:20 I don't want this pain for anyone else. I don't want people to have to go through this. As an eight-year-old, I hate the fact that he has gone because someone decided to take his life. Now that Davion is gone, I feel stuck. I feel as if I can't move forward. I feel lost. He was the one who picked me up when I fell. He was my best friend and the only person that has stayed with me since I was born. I would like you to give Mackenzie the longest possible sentence. I have known her for about three years and she's always taken the easy way out. She will be eligible for parole while my brother will be gone forever. Thank you, Narelle. Thank you. I'm Christine Russo. I'm Dominic's mother.
Starting point is 00:43:20 No one wanted this to be a murder. We're to punish Mackenzie Shirella for this accident, but this was not a car accident. The evidence and science proved that Mackenzie Shorilla murdered my son, Dominic, as well as Davion. There's no fix put in in this case as the Shorillas would like to proclaim. I want to thank Strongsville 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 that day.
Starting point is 00:43:55 What we don't know is why. I wish I could change this every day. I lost three children in that crash. Not a minute goes by each day that I don't think about my son. This was Davia. My heart is forever broken. The cries heard from the shrill family and friends after the verdict are nothing more than a lack of remorse.
Starting point is 00:44:24 after the verdict are nothing more than a lack of remorse. Mackenzie Sterilla had a choice. Dom and Davion did not. We are all left here to mourn. But what Dave, Dom, and Davion lost can never be remedied in any way or by any particular sentence. July 31st 2022. I called Mackenzie's mother hysterical at the loss of my son and Davian.
Starting point is 00:44:57 I knew Mackenzie was in the hospital and the first statement said to me was, Oh, please don't listen to what everyone's saying on Facebook. Yeah, my son's dead. His friend is dead. I'm checking on yours. Social media is what's important. Social media has made a game out of the life of Mackenzie and is making a game out of this heart-wrenching tragedy.
Starting point is 00:45:28 No one can imagine the pain of losing a child unless they have lost one themselves. The pain is forevermore. Time does not heal this wound. Mackenzie, going to prison because you did this. Be thankful that you're still alive and have a future, whatever that may be. Dom and Davion were robbed of their futures, their hopes, and their dreams. Mackenzie showed no mercy on Dominic, nor did she on Davion. Only God at this time can have mercy on her soul. Thank you. To hear their pain is so unbelievably heartbreaking and just unimaginable. When I was researching this case, I found a GoFundMe for
Starting point is 00:46:14 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. 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
Starting point is 00:47:05 beautiful statues, etc., this is what we do it for, for Dom, and it's in honor of our beloved brother and son. Friends and family leave memorabilia, notes, pictures, things like that that remind them of Dom. 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
Starting point is 00:47:47 flowers alone originally around $1,200. 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 gravesite back to how it was and before July 31st of this year year which marks his one year anniversary dom's grave means so much to us words can't explain we miss and love you so much our nucci baby until we meet again your sister loves you now this is just heartbreaking because they had this beautiful memorial site set up for him set up for people to come, to pay their respects, to grieve. And for whatever reason, whatever happened, it burned the ground. So now they, of course, want to replicate that welcoming moment, that loving space, that heartfelt space for people to share their thoughts, share their memories,
Starting point is 00:48:37 and grieve the tragic loss of this young boy. It's so sad. Say it with me. We hate debt. Debt sucks. It is so hard to get out of it, especially depending on what your interest rate is. It's hard to just pay down the principal and not the interest. It is the worst, at least for me it is, which how many of you wish that there was a better solution to paying off your debt? I know I do. Well, PDS Debt has customized 0% interest options for anyone out there struggling with credit card debt, personal loans, collections, or medical bills. If you're making payments every month on your debt and your
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Starting point is 00:50:39 There's very little that I can say after hearing from those who love Dominic and Davion in regards to the impact that the defendant's conduct had on these families' lives. And we have received a series of letters that have been submitted on behalf of the defendant. In summarizing these, they describe her as a good student and a loving and caring person, and that she could never do something like this. And they continually, despite the verdict, refer to this as an accident, an unfortunate accident, and tell you that she is also a victim. And there are just a few things that I think is important for the court to consider in determining a sentence today. Part of the evidence in this case and introduced in trial 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.
Starting point is 00:51:42 her medical records, things of this nature. And I think that who she actually was is directly contradictory to what is painted by the letters submitted on behalf of her today. I'm not even cool. I'm just one of those girls that can do a lot of drugs and not die. Got a figure like a bin, I'm got a figure like a doll Don't care if you think I'm dumb, I don't care at all 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 TikTok. 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
Starting point is 00:52:40 Angeles modeling agency. Kenzie Shurilla said to Vity, 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, it was delivered to the police while the defendant was still in the Metro Health Hospital. So it was during that time period she was in the hospital for several weeks. 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
Starting point is 00:53:23 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 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, in spite of the fact that it was, fact her mother who provided her with the card
Starting point is 00:54:07 that she used to take Dominic and Davion's life. And I'm just gonna say it. I literally cannot with any of this bullshit with her. I literally cannot with this. The Instagram post while Mackenzie is in the hospital days after the accident with her and her mom responding to a modeling agency in LA? Are they out of their minds? I mean, maybe, but I think we know now where Mackenzie may have learned some of her behavior, which no shade, but just saying. Mackenzie'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
Starting point is 00:54:51 claims about who Mackenzie is and how she acts were really about. Can you start with your name? My name is Natalie Sherilla. I just want to say am I allowed to address them at all? Sure. I just want to say, am I allowed to address them at all? Sure. I just want to say to the families that I'm broken, sad, and lost, and my heart hurts for everyone, okay? Davian was a new friend, and Don was a lover for life, and he was part of our family, okay? I'm just so sorry that this happened, and I'm heartbroken. Okay? And then, Your Honor, this was a terrible, tragic, nightmare accident
Starting point is 00:55:26 to have happened that she has no memory of, and she will never emotionally or physically recover from it. She almost died, too. And we're asking that you please not run the sentence as consecutive. He was family, and we all loved each other. That morning of the accident, she called. I got a phone call that there was a car accident. So we went to the hospital and I didn't even know who was in the car.
Starting point is 00:55:50 The names had not been confirmed yet. And I was like, I'm going to cry because I missed Dom so much. We loved him so much. So I called Dom like over and over again, praying that he was going to answer the phone. And he didn't answer the phone. So then I tried to call his mom, and she didn't answer the phone either. And I still didn't know who was in the car. I didn't even know she was alive. I didn't know what was happening.
Starting point is 00:56:15 So then we were in the waiting room. And then his mom ended up, 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. Like, what's happening? What's that, Dom? And she said, what do you mean? My son is dead. And I was like, oh my god, like, I don't even know who was in the car, like, what's happening? Was that Dom? And she said, what do you mean? My son is dead. And I was like, I'm so sorry. And then she said something like, and now I have to wait until your kid's out of the hospital and then I didn't hear the rest. I just, I was like, we loved him
Starting point is 00:56:35 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? So then, that was it. In the hospital, that vitality post, I commented on that because somebody had called her a murderer, okay? And she's not a murderer, so she didn't even have her phone at that point because the police had still had it, okay? So I jumped on, and I was like, you know, she's not a murderer. She's more sad than her, than most of these people commenting. She's been trying to get in touch with you. I mean, at that point it was just an accident. So I commented on her behalf, not because of the modeling opportunity. I don't even, who cares about that? I don't want them to
Starting point is 00:57:20 refer to her as a murderer. Okay? And I don't even know how that comment got on the phone because the police still had her device and she could not access her phone or social media. That's why I did it. And I had called them asking if they could shut down social media because people were calling her a murderer and making death threats and organizing groups to, you know, take her out when she got out of the hospital and stuff. So I didn't even want her phone. I don't care about her phone. I don't care about social media. I just wanted them to stop calling her a murderer so that when she did come to and she did come out of surgery, multiple surgeries, that she wouldn't see all these people calling her a murderer because she would never, ever, ever murder the love of her life. Okay?
Starting point is 00:58:03 ever, ever, ever murder the love of her life. The Halloween, for three months after the accident, she would only wear his clothes. She would only eat the snacks he ate. She would only listen to the music he wrote. She was laying in bed for three months, crying. There was a shrine of him next to her with photos and things that he liked
Starting point is 00:58:24 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 Beauty and the Beast flower. Okay, she's got this shrine of him next to her. So she was crying for three months. So her friends asked if she wanted to go out trick-or-treating. It was 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. So I told her, I said, baby, please go. It's Halloween. You've been laying for three months crying, only listening to his music.
Starting point is 00:58:53 Please go. Have just a moment of fun. A moment of fun. So we told her to go. My husband drove her. I brought her back home. She just needed a second of fun from losing her whole world, her whole world. So that was us. We told her to go.
Starting point is 00:59:11 And that concert she went to with Dom's cousin, Abby, they picked her up. They brought her there. Mackenzie and Dom and Abby all decided to go to this concert together while they were in the hospital. That was for Dom. to go to this concert together while they were in the hospital. That was for them. Everything she did after the accident was either in honor of him, to be close to him, or just to be by him any way that she can.
Starting point is 00:59:36 She's, like, devastated and tragic. He was the air that she breathes, okay? And they went with his cousin. We spent all kinds of time with him after the accident. What was the other thing? I'm hearing an awful lot about your daughter. I'm not hearing very much about the two dead people. Dominic, okay, I'm asking you for leniency because this was a tragic accident that she does not remember.
Starting point is 00:59:59 And Davion, we don't, he's a new friend. I'm so sorry. What does that mean? His life is worthless? No, no, no, he's a new friend. I'm so sorry. What does that mean? His life is worthless? No, no, no, no. No. Okay. No, not at all.
Starting point is 01:00:11 They all loved each other. They all spent every day together. You know what I mean? I don't know. And isn't that part of the problem, Mrs. Shirella? Sorry? Isn't that part of the problem, that they all trusted each other? Isn't that part of?
Starting point is 01:00:24 It's not a problem at all. It's a problem how they all ended up in the car together and two of them ended up dead. I understand. I understand what it looks like. I'm saying that it was a tragic accident. She would never. Well, we're going to have to disagree on that. I understand.
Starting point is 01:00:38 Right. And I respect your position that you disagree with me. I understand. But anyway, that's it. I just wanted to address those. We told her to go to those things, and then she with me. I understand. But anyway, that's it. I just wanted to address those. We told her to go to those things, and then she did go down to family. So look at that.
Starting point is 01:00:49 Don't look at it with the... Look on that with different eyes if you can. Please. This is... Those things are not relevant. Not at all. Not at all. Not at all. But she's a good... If you would have a moment, all you would need is five minutes of a conversation to have with her to learn who she is.
Starting point is 01:01:07 You would just need five minutes to learn who she is and what she's capable of not doing and doing. And you would see for yourself. Thank you. That's all. I'm so sorry, guys. Thank you. I'm sorry. I love you.
Starting point is 01:01:18 I love you. I love you, too. 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 Mackenzie, I believe she made these things 100 times more worse for her. Her entire
Starting point is 01:01:52 little speech was trying to argue what the prosecution just said about her instead of, I don't know, saying just about anything else. It is truly unbelievable. Mackenzie spoke and begged the judge for mercy. I'm just so sorry. I'm heartbroken. I'd love to have it daily. We were all friends and Don was my soulmate. I wish I could take all your pain away. And I'm so sorry. And to my family, thank you for the support and all the love you guys give. Thank you for finding me. I love you all so much. You're welcome, Dad. Thank you. Thank you. When it came time for sentencing, the judge did not mince words, and the judge absolutely slammed McKenzie.
Starting point is 01:02:52 Today is the sentencing of the defendant for the purposeful and intentional murders of Davion Flanagan and Dominic Rousseau. And in a way, it's the second time their families are gathered again to grieve. It's also a day when McKenzie's family will grieve for the future of their daughter. All three of these families and the friends of these families are suffering, and all of their lives have been irrevocably changed because of the actions of the defendant. The unintended and collateral consequences of a selfish, intentional, and cruel decision by McKenzie will ripple forever in time. It's literally changed history because it's ended two lives. Two young men are dead. Their deaths were horrible, terrifying and tragic. I will say again, if any reasonable person reviews Exhibit 802,
Starting point is 01:03:51 there can be no doubt in your mind what happened this night. There can be no doubt of the absolute terror of the two people in that car. The defendant controlled all the events. She chose the day. Specifically, she chose the day just before her 18th birthday. She chose to drive the car, the time to drive the car. She chose an obscure, previously scouted route through an industrial parkway. She chose the target to hit and the victims. She chose
Starting point is 01:04:26 the means and the method to follow through. She planned and purposefully executed the events of July 31st, 2022. 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. In fact, the defendant was so concerned about driving that, as the state mentioned during
Starting point is 01:05:19 the investigation, she asked if they could just suspend her license for 10 years. It is hard to fathom how a person could be concerned about their driving privileges, having just been responsible for the deaths of two people. There was no medical condition that caused this as an accident. There was no mechanical failure of the car. The record is clear on the facts and the evidence. Her mother's uncorroborated statements without any medical testimony or records is not persuasive. It is also important to remember that even if McKenzie intended to also die in this crash, that is irrelevant. A failed suicide
Starting point is 01:05:59 attempt is not a defense to murder. And even in a murder-suicide attempt, when a perpetrator executing the plan survives, the other death or deaths are still murder. There's only one person who's responsible for the pain of everyone in this room, and that person is you, Mackenzie. Nobody else is responsible. This isn't the fault of Dominic's family
Starting point is 01:06:21 or Davion's family or your family. And I know that each of you have asked your questions to yourselves, what if? What if I had done this or that? The truth of it is, none of us can control the intentions of another. 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. The difficulty for sentencing today, honestly, is whether or not I believe you should get consecutive sentences.
Starting point is 01:07:00 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 and on the other hand I have to weigh the punishment there's a very good likelihood Mackenzie that you will spend the rest of your life in prison that won't be up to me that will be up to the parole board and that will be up to you to a great extent. I understand that the pain in this room wants me to impose the harshest sentence, but I don't believe that would be the appropriate sentence because I do believe that Mackenzie will not be out in 15 years.
Starting point is 01:07:52 So she's sentenced on count two, the murder of Davion Flanagan, 15 years to life. She's sentenced on count one, the murder of Dominic Russo, 15 years to life, to be served concurrent to each other with credit for time served. I'll waive fines, fees, and costs, and your appellate counsel will be assigned. Are there any questions from the state? No, Your Honor. Thank you. Any questions? No, Your Honor. All right. Thank you.
Starting point is 01:08:19 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 victim's families, she will be lucky if she gets out the first time she's up for parole. What do you guys think? Is this a harsh sentence? Is it too lenient? Should she have received life in prison?
Starting point is 01:08:53 After this case went viral, I saw people commenting from countries outside of the U.S. who were very surprised that she would get this long of a sentence compared to what she would have gotten in a different country. I too had questions about this case because it was really hard to figure out the whole story, what happened, and all of the evidence since the trial was not publicly aired. And I don't have all the answers, but I think the video evidence speaks for itself. I don't think that the THC in her system played a role, but I want to know what you guys think. think so if you are watching this over on YouTube let me know in the comments because I know this is being heavily debated on online. Dominic's dad spoke to the media following Mackenzie's sentencing saying
Starting point is 01:09:35 she's just a kid she fucked up she did a damn stupid thing but now her parents are destroyed her family is destroyed too I wish that there was a way she could get some kind of help, some kind of treatment. However, he still doesn't believe that Mackenzie doesn't remember the crash. I found some very damning comments on Facebook by people who knew Mackenzie. Now, obviously, there is no way for me to verify any of these claims. So please take this with a grain of salt because I am not saying that this is true. Just saying what I read. But one girl said, this is the girl who told me to kill myself and go throw up over a toilet in high school. If you knew Kenzie, you wouldn't feel sorry for her.
Starting point is 01:10:16 She took Dom and Dave's life. Another person replied and said, personally, she was rude to me as well. She was rude to a lot of people. She acted very entitled. Another and said, personally, she was rude to me as well. She was rude to a lot of people. She acted very entitled. Another comment said, if her social pages weren't all made private, people would see. They were eye-opening to her character. In another post, someone said, she also threatened to bring brass knuckles to school and use them on me, then proceeded to throw her own piss on me. Another thing the car Mackenzie was driving was a Toyota Camry, which are infamous for unintended acceleration. I'm not saying that this was the case here at all, but according to ABC, in 2014, car manufacturer
Starting point is 01:11:00 Toyota has agreed to pay a staggering $1.2 billion to avoid prosecution for covering up severe safety problems with unintended acceleration. This was according to court documents and continuing to make cars that Toyota knew were deadly. It goes on to say a deferred prosecution agreement filed today forced Toyota to admit that it misled U.S. consumers by concealing and making deceptive statements about two safety-related issues affecting its vehicles, each of which caused a type of unintended acceleration. In 2019, the U.S. Department of Transportation issued a statement regarding Toyota, saying NASA engineers found no electronic flaws in Toyota's vehicles capable of producing the large throttle openings required to create dangerous high-speed unintended acceleration incidents.
Starting point is 01:11:51 The two mechanical safety defects identified more than a year ago, sticking accelerator pedals and a design flaw that enabled accelerator pedals to become more trapped by floor mats, remain the only known causes for these kinds of unsafe, unintended acceleration incidents. Toyota has recalled nearly 8 million vehicles in the United States for these two defects. The recalls and all of this occurred well before July 31st, 2022, and let me just clarify again, I'm not saying that this was the cause here or anything like that, I just thought that it was crazy and kind of a coincidence. Dominic and Davion were loved and had bright futures that were stolen in the blink of an eye. So please keep the families of Dominic and Davion in your thoughts and prayers. I can't imagine their heartache and their loss and nothing will ever make any of this any better for them. I am very curious to know if you think Mackenzie is remorseful,
Starting point is 01:12:46 if you think that this was premeditated, was this an accident? A lot of the video footage, which if you're watching the YouTube version of this, you understand. In my opinion, she seems kind of numb or entitled, not really taking it seriously, especially even the first court appearance. She's like fixing her hair and like focused on other things in my opinion at least that's what I gathered from it so I'm curious to know what you guys think I will put a poll over on Spotify too so vote on the poll if you're listening to this on Spotify but let me know in the comments over on YouTube if you're watching the video version of this again so many of you guys have requested this case so I really do hope you appreciate the case coverage and this episode
Starting point is 01:13:25 if you do please don't forget to just take five seconds out of your day rate this podcast on the podcast app you're listening to it on please take an extra five seconds write a quick review I would greatly greatly appreciate it I love hearing from you guys it just makes my day and in the reviews too I love hearing what it is you guys want to hear more of because it helps give me better insight into what kind of content to create for you guys. So in your reviews, please let me know what piques your interest. Do you guys like hearing about cults? Do you like hearing about con men? Do you like hearing about love triangles?
Starting point is 01:13:57 Do you like hearing about cases with happy endings only? Because I know that those are the cases we desperately love to tell more of because we love a happy ending. So please let me know all of your feedback in the review section too thanks so much for hanging with me guys I know it was a longer one today but I hope that you appreciated the coverage and I'm going to be back with you on Thursday with headline highlights to break down everything going on this week in the true crime world and the new stories that are breaking for the first time. So make sure to check back over here on Thursday on whatever podcast app you listen to your podcast
Starting point is 01:14:29 on so that you can tune in to headline highlights with me. And aside from that, I am dropping bonus episodes now every single Friday on the podcast. You can sign up to listen to those either over on Apple Podcasts or through Patreon, but it is a bonus episode every single Friday in case you want to get an extra true crime fix for your week. Other than that, I will see you back fresh Monday morning, right in early with another deep dive for you. All right, guys, thanks again for tuning in today. I appreciate it so much, and I will be talking with you again very, very soon.
Starting point is 01:14:59 But for now, your true crime bestie is signing off. All right, guys, I will see you very soon. Bye. But for now, your true crime bestie is signing off. All right, guys, I will see you very soon. Bye.

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