‘The Crash’ Mackenzie Shirilla’s Conviction Explained, Why Two Deaths Led To Four Murder Charges

Netflix’s The Crash is currently at the top of the OTT platform, thanks to its chilling story and bizarre details. The documentary started making headlines for its recollection of the 2022 Strongville, Ohio, crash that resulted in the death of two young men. However, amid the details of the case, netizens have noticed that Mackenzie Shirilla has been convicted of four counts of murder when there were only two deaths. And now, the reason behind the same has been explained by some legal experts.

Mackenzie Shirilla and the crash that turned fatal for Dominic Russo and Davion Flanagan

The Crash has shed light on several aspects of Mackenzie Shirilla’s case following the chilling crash on July 31, 2022. For the unversed, the documentary offers viewers some insight into how Mackenzie, who was 17 at the time, drove her car into a brick building in Ohio at nearly 100 mph. The impact resulted in the death of her two co-passengers, Dominic Russo, who was also her boyfriend at the time, and Davion Flanagan, their mutual friend, died on July 31, 2022.

Four years after the tragic incident, Netflix has released a documentary about what happened leading up to, during, and after the incident. However, despite Dominic Russo and Davion Flanagan’s death, Mackenzie didn’t walk away from the crash unscathed; she survived with life-changing injuries, including severe damage to her arm, which saw her muscle ripped away from her bone. A year after the murder, Mackenzie was found guilty on 12 counts. 

What was Mackenzie Shirilla found guilty of?

In August 2023, over a year after the tragic crash changed the lives of three families, Mackenzie Shirilla was found guilty on 12 counts: Four counts of murder, four counts of felonious assault, two counts of aggravated vehicular homicide, one count of drug possession, and one count of possessing criminal tools, relating to the car she used for the crash. However, many viewers have been left confused by why Mackenzie was found guilty of four murders when she only killed two people.

Why was Mackenzie Shirilla charged with four counts of murder?

The much-asked question was addressed by two lawyers during a conversation with The Mirror US. They explained why Mackenzie Shirilla was charged this way and how that dictated her sentencing. Counsel to The Law Offices of Alan Ellis in New York, Deborah Blum, explained that prosecutors considered several legal theories regarding her offence. She stated:

“In Ohio, murder charges can be brought under different legal theories for the same offence. Here, the prosecution charged and Shrilla was convicted of intentional murder & murder committed in the course of felonious assault for both victims.”

The legal expert noted that this practice is not “exclusive” to Ohio. They revealed that many states “allow ‘alternative theory’ charging for a single criminal act.” On the other hand, Nora Demleitner, Immediate Past President at St. John’s College, also agreed with Deborah’s explanation and noted that “It is quite standard for prosecutors to indict on every possible theory of homicide.” She was quoted as saying:

“This is especially true in vehicular homicide cases where the regular homicide statute, which also includes different levels of mental state (e.g., intentional or extremely reckless), is also available to them for prosecution.”

The former Law School Dean, Nora Demleitner, further shared that a jury can sometimes find a homicide to be vehicular and reckless or intentional at the same time, which allows the same crime to be convicted under two different categories. She further explained that it’s the most severe crime that determines the sentence. She was quoted as saying:

“The jury may find a homicide to be vehicular and also to be extremely reckless or even intentional. That means two homicide convictions under different statutes for the same victim. Now, in some jurisdictions, only the most serious homicide verdict would be recorded. In all jurisdictions, it’s the highest level of crime that dictates sentencing.”

image credit: TheCrash/Netflix

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