CAUSE NO. 2017-PC-2912
IN RE: GUARDIANSHIP OF § INTHE PROBATE COURT
§
CHARLES INNES THRASH § NO. ONE
§
AN ADULT § BEXAR COUNTY, TEXAS
VERIFIED OBJECTION AND REBUTTAL TO THE REPORT
OF THE COURT INVESTIGATOR
‘TO THE HONORABLE OSCAR KAZEN, JUDGE PRESIDING:
NOW COME, Brittany A. Martnez-Thrash (Brittany) and Laura A.
Martinez-Thrash (Laura), persons interested in the welfare of Charlie I.
Thrash, in the above entitled and numbered cause, and file this Verified
Objection and Rebuttal to the March 8, 2019 Report Elaine Damian, Court
Investigator, and would show the following:
On March 8, 2019, Brittany and Laura received a copy of the assigned
Court Investigator’s Report filed by Elaine Damian (Damian). ‘The
investigative report was ordered on February 5, 2019.
Responses and Objections to Summary of Findings:
1 Charlie wanted to get married at the time he decided to marry Laura,
a OnFebruary 21, 2019, Charlie and Laura obtained a marriage license.
b On February 24, 2019, Charlie stated to Reverend Gilbert Guzman, a
minister with the Universal Life Church, that he wanted to marryLaura, but he needed to wait until he could get back to work and earn
some money because his guardian hadn’t given him enough money.
However, on March 4, 2019, Charlie told Jo Ann Rivera, owner of
Victoria’s Black Swan Inn, that he wanted to marry Laura, Ms.
Rivera coordinated the wedding and Charlie and Laura got married
that same evening. (True and correct copies of unedited audio/video
recordings of the marriage counseling session and wedding ceremony
have been filed of record in this case, and they are incorporated herein
by reference for all purposes).
On March 5, 2019, Charlie attended a meeting of an automotive
hobby club called the Pushrods, and he made a public announcement
to about eighty persons in attendance that he married Laura. Charlie
smiled and appeared to be heppy that everyone in attendance
expressed their approval by applauding his announcement.
‘That same evening and the next morning, Charlie told Laura that he
wanted stay with her and asked her not let anyone take him away from
her.
Charlie does have problems with the guardianship even if he is
allowed to work in his shop.
Adverse actions by Tonya Barina Barina), guardian of the estate:
a closing Charlie’s bank accounts in December 2018, and taking
over all of his finances, but failing or refusing to provide
adequate financial support for more than three months;
b changing locks and closing Charlie’s automotive shop in
January 2019 without prior notice or consideration of Charlie’s
preferences; posting a notice of change of locks stating that the
property was closed due to non-payment of rent;
c closing CT Thrash Differential and Axle Service and referring
business to Charlie’s competitors to the financial detriment of
Charlie’s estate;excluding Charlie and his employees from their livelihoods,
causing unemployment and loss of income as well as social
interactions and goodwill of Charlie’s customers;
posting notice of change of locks at CT Thrash Differential and
Axle Service, 4838 West Avenue, San Antonio, Texas and
closing business and refusing to accept tender of back-rent,
in violation of Texas Property Code Section 93.002, and
breaching the commercial lease between Charlie, Laura as
POA, and Brittany as tenant;
filing eviction action against Brittany and all occupants
including Charlieand at Charlie’s aircraft hangar at the Boerne
Airport, where Brittany lives;
demanding titles and keys to all of Charlie’s motor vehicles and
giving notice that she was taking possession of Charlie’s motor
vehicles including cars, trucks, motorcycles and airplanes that
Charlie preferred to keep in his possession, and causing stress
and anxiety to Charlie;
interfering with Charlie’s protected right to have a
guardianship that supports and maintains his mental capacity
with the goal of restoring his mental and/or legal capacity, and
preventing Charlie from engaging in his livelihood and hobby
interests to the extent of his ability;
disregarding medical evidence that Charlie has the capacity to
make financial and healthcare decisions for himself, engage in
his livelihood and hobby interests at his automotive shop, and
perform his daily activities with supports and services.
failing or refusing to request independent medical examinations
to determine Charlie’s present mental and physical capacity
after receiving notice that Dr. Manuel Naron, M.D. published
his medical opinion regarding Charlie’s current mental capacity
on January 16, 2019;