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| Charlie Thrash, 81, who is legally mentally disabled is shown in a December 2018 photograph from FaceBook. Thrash's girlfriend Laura Martinez has been accused of undue influence and also spending the wealthy man's money. The case is in court.Photo: Courtesy |
For the past 10 months, the issue of Charlie Thrash’s
mental competence has dominated a marathon guardianship case in probate
court that already has burned through at least $500,000 in legal fees.
Thrash,
81, the longtime owner of a specialty auto repair shop on West Avenue,
was placed in a guardianship two years ago after allegations of possible
financial exploitation arose.
In
March, a guardian concerned about his safety removed Thrash from a home
he shared with his girlfriend, Laura Martinez, and several of her
children.
Based
on a mental capacity exam done in 2017, Thrash has since been deemed
incapable of handling his own affairs. Nevertheless, lawyer Phil Ross,
who represents Martinez and other parties, repeatedly has argued he does
not require guardianship.
“Charlie
still retains the mental capacity to make his own financial and health
care decisions, to manage his daily living activities and to engage in
his livelihood and hobby activities at his place of business, CT Thrash
Differential and Axle Service,” Ross asserted in a motion filed two
weeks ago.
Psychiatrist Jason Schillerstrom recently contradicted the assertion in a medical evaluation of Thrash.
In
his report, the doctor concluded that Thrash “does NOT have
decision-making capacity, “ and suffers from moderate dementia as well
as “severely impaired executive function.”
“His
insight and judgment are very poor. (He) grossly overestimates his
self-care abilities, states he is ready to fly planes again despite his
struggles to get out of a chair and need for a walker. (He has) no
appreciation for his medical conditions and treatments,” Schillerstrom
wrote.
The
report adds that Thrash failed three of five “neuropsychological” tests
and says “he has the problem-solving ability of a small child.”
Noting
Thrash’s expressed desire to resume work at his now-idle repair shop,
Dr. Schillerstrom recommended that he “not be exposed to the opportunity
to use heavy, potentially dangerous machinery.”
It concludes that Thrash requires continued “24-hour supervision and a nursing home level of care.”
Laura
Cavaretta, who represents Tonya Barina, the guardian of Thrash’s
estate, said she doubts the latest medical exam will resolve the ongoing
legal struggle.
“With
any other opposing counsel, this would end it, but I just don’t see Mr.
Ross letting go. He fancies himself a crusader for the poor underdogs
who are being taken advantage of by the guardian process,” she said.
“I
think the person doing harm to Mr. Thrash is Mr. Ross. Every time he
files this stuff, we have to file a response and it incurs legal fees
and prevents the guardians from doing their jobs,” she added.
Ross said Wednesday by email that he intends to ask for a second expert opinion on Thrash’s mental status.
“It is not fair to Charlie,” he said.
“I
still have hope that justice will prevail. Hopefully, Charlie can
recover his freedom and liberty again, like he recovered his capacity
last year, before it’s too late,” he added.
Still
unresolved in the case are appeals by Ross of rulings by Judge Oscar
Kazen, including whether Thrash’s March 4 marriage to Martinez —
contrary to court orders — should have been annulled.
Also
pending is a motion for contempt filed by Barina, complaining of
continued misconduct by Ross and members of the Martinez family, who
this summer were ordered to pay more than $220,000 in sanctions by
Kazen.
Contrary
to the judge’s orders, Barina says, Ross and the Martinez family
continue to be in contact with Thrash, have filed another complaint in
federal court against his guardians and continue to file motions in
probate court.
Barina
has asked the court to impose stiff sanctions, including incarceration
and fines. No date has yet been set for a hearing on her motion.
Ross also is the subject of two complaints to the State Bar of Texas.
On
Dec. 9, a visiting judge will preside over a hearing on the bar’s
lawsuit. It accuses him of “deceit, dishonesty or misrepresentation” in a
guardianship case involving Sybil Sims.
In
his response to the suit, which, if successful could cost him the
suspension or loss of his law license, Ross has denied any misconduct
and requested a jury trial.
Separately,
Barina has filed a grievance with the bar over Ross’ alleged misconduct
in the Thrash case. Thus far, the bar has not acted publicly on her
complaint.
Full Article & Source:
See Also:
Judge orders girlfriend of incapacitated millionaire to vacate his estate
Attempt to recuse probate judge fails in Thrash case
Lawyer seeks to remove judge in Thrash case
Judge nullifies mentally incompetent San Antonio man’s adult adoptions, scolds lawyer for misleading him
San Antonio millionaire marriage annulled after abuse, exploitation and ‘abduction’ claims
Attempt to recuse probate judge fails in Thrash case
Lawyer seeks to remove judge in Thrash case
Judge nullifies mentally incompetent San Antonio man’s adult adoptions, scolds lawyer for misleading him
San Antonio millionaire marriage annulled after abuse, exploitation and ‘abduction’ claims
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