Driver of Car That Hit House and Killed Girl to Stand Trial
A judge ruled Friday that prosecutors had presented enough evidence to hold a 46-year-old insurance salesman for trial on second-degree murder and drunk driving charges in connection with an accident that left a 4-year-old girl dead.
Jessica Shaner was killed March 4 when a car driven by James Benjamin Masoner plowed into her home in the 3800 block of Broadlawn Drive, in the hills south of Universal City.
Despite a defense argument that mechanical failure led to the crash, Van Nuys Municipal Judge Robert L. Swasey said evidence during the three-day preliminary hearing revealed that Masoner acted recklessly.
A blood sample taken two hours after the crash showed that Masoner had a blood-alcohol level of 0.23%, according to testimony. Under state law, a motorist is presumed to be intoxicated at a level of 0.10% or greater.
A mechanic for the Los Angeles Police Department testified that the gas pedal of Masoner’s car was found jammed in the depressed position after the crash. Two other experts testified, however, that the accelerator pedal became stuck as a result of the collision.
The defense attorney argued that the pedal was defective and caused the accident.
Masoner, who is free on $50,000 bail, is scheduled to be arraigned June 15 in Van Nuys Superior Court.
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