Exam finds Thrash “severely impaired”

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

BY John MacCormack - San Antonio Express-News

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:

Exam finds Thrash “severely impaired” 

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