SAN ANTONIO — A Bexar County jury this week is hearing defamation claims centered on a Netflix documentary episode about an alleged guardianship abuse case involving a wealthy San Antonio businessman.
The case stems from "Guardians Inc.," an episode of the Netflix documentary series "Dirty Money," which examined allegations of financial exploitation in guardianship cases. The episode is no longer available on the streaming service after the lawsuit was filed in 2021.
Tonya Barina sued Netflix and several other defendants, alleging the episode falsely portrayed her role as guardian for her great-uncle, Charlie Thrash. That lawsuit states her reputation was "destroyed" and that she was experiencing "daily and nearly hourly hated, disgrace, contempt and ridicule."
According to court filings, Barina was appointed guardian of Thrash and his estate after the 88-year-old San Antonio businessman, who collected $3 million in assets while operating an auto repair business, developed Alzheimer's disease and other ailments.
Barina's lawsuit was filed in March 2021 by Austin-based attorney Carl J. Kolb. It alleges the documentary falsely suggested Barina sought to exploit her position for financial gain, juxtaposing soundbites about how "guardianship abuse is the crime of the 21st century" to paint her as a criminal.
Instead, the lawsuit accuses several defendants of isolating Thrash and contributing to the decline of his business. Co-defendant Laura A. Martinez received power of attorney from Thrash in 2016, but Adult Protective Services believed it was "signed under undue influence," the suit states.
Jo Ann Rivera is a close family friend of Thrash's and was featured in "Guardians Inc.," along with Martinez and others, and said she was surprised by the lawsuit.
"I don't believe there is any merit to her claim at all," Rivera told KENS 5. "She put herself in the documentary and then was unhappy with how she was viewed."
Phillip Ross, Thrash's one-time attorney and another co-defendant, said the legal proceedings of the last several years forced him to retire early.
"I feel like the plaintiffs are giving things their best shot," Ross said. "I still feel confident... everything we said in the context of the (Netflix) interviews was clearly true."
An amended petition nearly 50 pages long includes what are essentially verbatim excerpts from "Guardians Inc." that Barina argues left out important context and created a misleading narrative. The suit also claims her attorney corresponded with producers of the episode a year before it aired, but the material "was intentionally disregarded and omitted from the episode because it would prove that plaintiff was guilty of no abuse, exploitation or 'crime.'"
While her perspective appears in "Guardians Inc.," the suit states it was "in no way a fair, true and impartial account" of the events.
Rivera said it was an emotionally charged case but stands firm that nothing said on the documentary rises to the level of defamation.
"The fact is we are all public figures and negative comments, and, at times, ugly remarks, are things we have to live with," she said. "Tonya put herself in the boiling pot."
"I know reputation is a very fragile thing," Ross added.
Both Ross and Kolb told KENS 5 he expects the trial to continue into the middle of next week at least.
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Defamation trial begins over Netflix docuseries episode tied to San Antonio millionaire's guardianship case
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