Drunk Driver in Death of Girl Gets 15-to-Life

A drunk driver who killed a sleeping 4-year-old girl when he smashed his car into her house near Universal City last year was sentenced Friday to 15 years to life in prison for second-degree murder.

James Benjamin Masoner, 47, an insurance salesman, was convicted by a jury last month in the death of Jessica Shaner. The girl was crushed, and her mother was injured the night of March 4, 1987, when Masoner’s Chevrolet Camaro plowed into the house in the 3800 block of Broadlawn Drive.

Masoner’s blood alcohol level was measured at more than twice the legal limit two hours after the crash. According to testimony at his trial, Masoner’s friends told him several times that night that he was too drunk to drive. But after two associates drove him from an office party to a spot near his home, he took the wheel, sped downhill and struck the Shaner house a block away.

“I hope that this is some kind of a deterrent factor,” Los Angeles County Dist. Atty. Ira Reiner said outside the courtroom after Masoner was sentenced and led away in handcuffs.

Motion Denied

Before passing sentence, Los Angeles Superior Court Judge Florence T. Pickard denied a motion for a new trial by Masoner’s lawyer, Thomas M. Byrne. Byrne told the judge that Masoner’s actions on March 4 stemmed from “stupidity and gross negligence, but there is no evidence that he had the necessary mind-set for murder.”

Byrne also said Masoner was an upstanding citizen, except for a 1982 drunk driving conviction used by prosecutors at trial to show that he was well warned about the dangers of driving drunk.

“Everything he’s done in his life can’t be for nothing,” Byrne said.

But, Pickard responded, “. . . This devastating event occurred, and that has to count for something.”

The hearing included emotional testimony from the dead girl’s parents, Timothy and Barbara Shaner, now of Newhall.

‘Split Second’

Timothy Shaner, 40, brought a color photograph to the witness stand, held it up and said: “This is a picture of my daughter. She was a person. . . . Her life was taken from us in a split second.”

Barbara Shaner, 35, testified tearfully: “I just hope the court will make the punishment commensurate with the crime. My daughter was murdered.”

Byrne said his client will appeal. Pickard set bail at $400,000 pending appeal.