Please read and sign petition:
Free Charlie Thrash from guardianship – before it’s too late
This petition concerns the removal of my husband, Charlie Thrash on March 6, 2019 from his home at 310 Harvard Oak, Shavano Park, TX 78230 (a teeny community of approximately 3,926 people, which is surrounded by San Antonio) by Mary Werner, wife of the Mayor of Shavano Park, acting under guardianship orders of Judge Oscar Kazen, who also lives in Shavano Park.
It did not matter one whit to Oscar Kazen – not only a judge, but also a lawyer who is expected to know Probate Law – that I held a valid Durable Power of Attorney, signed by Charlie on June 24, 2016, naming me as Charlie’s agent. Oscar has only ever heard the one-sided argument the attorneys Cavaretta, Katona & Leighner (CKL-Lawyers.com) keep bleating: that since I was not married to Charlie I had no standing in a guardianship hearing, thus denying me my rights as a spouse, which indeed, even as a common-law wife, gives me priority standing over the estranged family member – a grand niece of Charlie’s named Tonya Barina, the self-appointed applicant to become guardian of Charlie’s estate, a right to which Barina was awarded on November 15, 2018, by then-Judge Tom Rickhoff.
As the first judge in the case, Tom Rickhoff appeared to at least respect Charlie’s wishes that he remain in his Shavano Park home, with me as guardian of Charlie’s person. But once Oscar Kazen was elected to Bexar County Probate Court Judge and assumed office in January 2019, replacing Tom Rickhoff, Oscar had no such compunction, and Oscar Kazen replaced me as Guardian of Charlie’s person, and put in my place his neighbor Mary Werner, wife of the Mayor of the small community in which we all lived – Shavano Park Mary Werner was awarded Charlie in guardianship by her neighbor & chosen political candidate for judgeship, Oscar Kazen, acting in his capacity as probate judge, on January 29, 2019.
And by March 6, 2019, Charlie was removed from our home, I was evicted along with my three adult children, all property inside the house was seized, whether it belonged to me and my adult children – or Charlie – and we were made instantly homeless.
On April 4, 2019, lawyers acting for Mary Werner and Tonya Barina filed motions to sanction myself, my adult daughter Brittany Martinez-Thrash, and our attorney Phil Ross a total $262,391.77, adding court-ordered debt and impoverishment to the misery of homelessness the court had inflicted upon us. less than a month earlier. The motions to sanction me, Brittany and Phil is based upon misrepresentations to the Court as to the full reading of Texas Estates Code §1055.003(d) and §1051.104(a)(5), both of which give me, Laura Martinez-Thrash, as holder of Power Of Attorney signed by Charlie in 2016, priority over guardianship (in front of Tonya Barina) and standing in the court to be party to Charlie’s guardianship — all rights denied to me by Oscar Kazen, acting under half-complete and inaccurate instructions & descriptions of these statutes.
Oscar Kazen legally holds the authority as a probate judge to rule any way he likes on any guardianship case that comes before him. The only way the citizens have to hold Oscar Kazen accountable is to vote him out of office, but they can’t vote out Charlie’s court appointed guardian, Mary Werner, who lives around the corner from from Kazen, or hold her accountable for her actions.
It should raise red flags that the Mayor Bob and his wife Mary Werner hosted a political fundraiser for Oscar Kazen’s election to Bexar County Probate Judge in 2018 the position of power from which Oscar has taken Charlie from his home, seized approximately $3,000,000 of Charlie’s money, and awarded Charlie as a ward to Mary Werner, for her financial enrichment and career advancement.
I ask you: Is it not Public Corruption when a politician’s elected office is financed and his election ensured, by the very same people who then financially benefit from the rulings and orders the judge issues from his bench?
If there’s any abuse of power over Charlie’s assets going on, it’s been done under the authority of the court-appointed Guardian of the Estate, Tonya Barina, who has sold millions of dollars of Charlie’s assets to pay both Mary Werner’s and Tonya Barina’s lawyers to defend their control over Charlie and his estate.
List of Charlie’s property sold off:
his hangar at Boerne Airport
his prized Corvette, trucks, cars
his prized Harley motorcycles
his prized Triumph motorcycles
his gun collection
his personal jewelry – Rolex watch, 14K gold Cadillac signet ring, 14K gold class ring
his safe deposit box at Frost Bank, believed to have contained $100,000+/- cash, jewelry, coins & other valuables – all seized by Tonya Barina, who has not provided any inventory.
his businesses on West Ave, including all equipment, tools, and inventory
his livelihood and a means of earning money
Total estimated cost of Charlie’s assets and possessions sold to pay for Mary Werner and Tonya Barina: a minimum of $2.5 to $3 Million dollars, from which a Guardian of the Estate, by Section 1155.003(b) “A fee of five percent of the gross income of the ward’s estate and five percent of all money paid out of the estate…” which could equal $150,000 – $200,000 Tonya Barina created for herself – all by filing and being awarded guardianship of her estranged, but quite wealthy, grand-uncle, whom she had never met, until she guardianized him on Nov 15, 2018.
List of Attorneys paid from Charlie’s estate:
Kristopher L. Bowen, Jr., the Bowen Partners
Andrea Tidwell Bowen, the Bowen Partners
Karen R. Andersen, the Andersen Firm
Laura Cavaretta, Caravetta, Katona, Leighner
Les Katona, Jr., Caravetta, Katona, Leighner
William Leighner, Caravetta, Katona, Leighner
Barrett Shipp, Shipp, Ecke, Cromeens
Total estimated cost of all attorneys paid for out of Charlie’s estate (and there are no limits on how much lawyers can charge an estate for keeping a person under guardianship, where the lawyer have open access to all funds from which to be paid) — at a minimum 262,391.77 but most likely the legal fees removed from Charlie’s liquidated assets most probably approaches $1 Million – all to keep Charlie in a guardianship which is unwanted and unneeded.
Attorney paid for by the taxpayers of Bexar County representing Oscar Kazen:
Martin Collins – Staff Attorney for Bexar County
For all these reasons, and many more, available at the website FreeCharlieThrash.com, We, the undersigned
1. Call upon Mary Werner to resign as guardian of Charlie’s Person, in favor of Laura Martinez-Thrash.
2. Call upon Oscar Kazen to immediately:
- Recuse himself from Charlie Thrash’s guardianship case, and
- Pledge to recuse himself in any proceeding to appoint his neighbor and political fundraiser, Mary Werner as guardian of residents of Shavano Park.
3. Call upon Mayor Bob Werner to immediately:
- Explain the privately-held, non-profit corporation Going Green in Shavano Park that is registered as a taxpayer entity at his home, as well as release a complete membership list, and all minutes, records, purchases, and assets this privately-held corporation had in determining that the entire community of Shavano Park would become dedicated to environmental causes that many voters, resident and taxpayers may not wish to see their tax dollars dedicated to; and
- Explain and list in detail all financial support provided to neighbor Oscar Kazen in his successful bid to become a Bexar County Probate Judge, including all parties hosted at the Mayor & Mary Werner’s residence Shavano Park, for Oscar Kazen residing at Shavano Park, any other functions held anywhere for Oscar’s election as Probate Judge, as well as all in-kind contributions of any value.
Wife of Charlie Thrash
Adult daughter of Laura, adopted by Charlie
Friend of Charlie Thrash since 1953
V. Warren Jennings, Friend of Charlie Thrash since 1953