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Family members of a Hamilton County teenager who was killed in a car crash last year are suing their attorney for wrongdoings they say he committed while representing them.
The attorney is currently facing a felony theft charge after he was accused of stealing parts out of the car that was involved in the crash, according to court documents.
Last June, attorney James Masur II was charged in Hamilton County with felony theft and two misdemeanors after he removed parts and items from a car that was involved in the crash that killed 18-year-old Mason Alexander on March 1, 2025. Masur recovered the vehicle’s owner’s manual; the TCB2, which manages various electronic communication features like navigation and Bluetooth in BMW cars; a battery for the TCB2; a roof-mounted antenna and a bag mask valve, court documents state.
On May 29, Alexander’s mom and uncle filed a civil lawsuit against Masur, accusing him of legal malpractice and negligent infliction of emotional distress in his representation of them.
Attorneys for both the plaintiffs and defendant did not respond by deadline to The Indiana Lawyer’s request for comment. Masur did not immediately respond to a request for comment.
According to court documents, Alexander was riding in the front passenger seat of a 2016 BMW driven by Trey Williams when Williams lost control of the vehicle and crashed. Police have said Williams was operating the vehicle at a dangerously high speed and was trying to pass another vehicle when he lost control.
Alexander was a former Hamilton Southeastern High School football star who was slated to play at the University of Pittsburgh before his death.
Williams, who was 17 years old at the time of the crash, was later charged with reckless homicide, reckless driving and false government identification. In April, he pleaded guilty to reckless homicide and was sentenced to six years in the Indiana Department of Correction with two years suspended. His other charges were dismissed.
After the crash, Masur was hired to represent Alexander’s family, which included his mom and uncle, Kelly Harris and Rahvy Murray.
In June 2025, Masur asked Murray to accompany him to a secure tow yard where the BMW was being held by police, court documents in the criminal case against Masur state. According to court documents, Masur wanted the vehicle’s black box as part of the investigation.
Murray, who later reached out to the Hamilton County Prosecutor’s Office to express concerns about Masur’s actions, told police he was weary of taking the black box, but Masur ensured him it was lawful because he’s an attorney, the documents state.
The Hamilton County Prosecutor’s Office charged Masur with felony theft, misdemeanor criminal mischief and misdemeanor unauthorized entry of a motor vehicle for his actions at the tow yard. According to the probable cause affidavit, Masur contacted legal counsel for the Hamilton County Sheriff’s Office and said that his retrieval of what he believed to be the black box was an attempt to preserve evidence.
Masur will go to trial for his criminal charges in July.
The civil case against Masur accuses him of breach of assumed duty and negligent infliction of emotional distress on the part of Murray. According to the complaint, Masur violated Murray’s assumed duty to provide sound legal advice when he asked Murray to accompany him in removing the black box from the BMW. Masur inflicted emotional distress on Murray by advising him to commit the theft, the complaint states.
Harris is suing Masur for legal malpractice and negligent infliction of emotional distress. According to the complaint, Masur incorrectly advised Harris to settle her claim against Williams and his parents for their insurance policy limit when she believes she could have received more.
The case is Kelly Harris, Rahvy Murray v. James David Masur, II, 29D01-2605-CT-006486.
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