Grandson charged with murder

A felony murder charge was filed Thursday against a California man suspected of killing his grandmother in Silver Springs then carrying her body to California and burying her in a flower bed.

James Christopher Masterson, 22, is charged with felony murder and an alternate charge of first degree murder with an elderly enhancement, kidnapping, robbery, obtaining a credit card without the permission of the cardholder, grand larceny of a motor vehicle, grand larceny of jewelry and cigarettes and two counts of fraudulent use of a credit card in the killing of his maternal grandmother Peggy Herlacher, 73.

Herlacher was reported missing on July 24. On Aug. 31, her body was discovered buried in Masterson's paternal grandfather's backyard in Riverbank, Calif. An investigator on Thursday said Herlacher's hands appeared to be bound, supporting a charge of kidnapping.

According to the criminal complaint filed in Walker River Justice Court by Lyon County District Attorney Bob Auer, Masterson allegedly strangled his grandmother either before or after he put her into the trunk of her car and drove her to California where he buried her.

Masterson had arrived at his grandmother's Silver Springs home on July 17. Authorities suspect he killed her "on or about July 22," the complaint states.

"Defendant seized and abducted Peggy Herlacher, confined her in the trunk of her automobile, and carried her away from her home during the commission of a robbery, further inflicting death upon Peggy Herlacher during said kidnapping," the report states.

The complaint also alleges that Masterson first used his grandmother's credit card to put gas into her vehicle in Silver Springs. He then allegedly purchased $100 in Starbucks gift cards from the Fernley Starbucks and returned the cards to California Starbucks stores for cash. Both charges were on July 22, with the Fernley purchase happening around 7 p.m., said Lyon County Lt. Brian Veil. A family friend last talked to Herlacher on the afternoon of July 22.

On July 25, Masterson was stopped in Sacramento on a driving violation. He was allegedly driving his grandmother's car and in possession of her jewelry and credit cards. He was also allegedly in possession of heroin, according to a criminal complaint filed in Sacramento.

Masterson was arrested on suspicion of possessing stolen property. He is being held in the Sacramento Jail without bail. He was awaiting trial on charges there related to the arrest, but officials expect the new Nevada charges will take precedence over Sacramento.

Auer said he has started extradition proceedings to bring Masterson back to Nevada to face the murder charge.

Auer has not said whether or not he will seek the death penalty.