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Penske shooting victim wants control of his life

6:06 PM, Sep 11, 2012   |    comments
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  • Penske shooting victim Zach Werner with father, Mike, and attorney Ray Gary, Jr. in Cobb County Probate Court
  • Penske shooting victim Zach Werner's wife, Jodi, in Cobb County Probate Court
  • Penske shooting victim Zach Werner in Cobb County Probate Court
  • Jan. 12, 2010 shooting scene at Penske truck rental facility in Kennesaw, Georgia
  • Jan. 12, 2010 shooting scene at Penske truck rental facility in Kennesaw, Georgia
    

MARIETTA, Ga. -- Still partially paralyzed and in need of a twenty-four hour nurse, 38-year-old Zach Werner was in a Cobb County courtroom Tuesday trying to regain control of his life.

He was one of five people shot by a disgruntled former employee at a Penske truck rental office in Kennesaw on January 12, 2010.

Three of the victims died, while Werner was one of two critically wounded survivors.

Cobb County Police quickly arrested 60-year-old Jesse James Warren about a mile from the crime scene.

He's still awaiting trial in a criminal death penalty case.

Zach Werner was in Cobb County Probate Court on Tuesday in a civil battle with his wife over his care and finances.

"Sometimes it's an advantage to control somebody's money," said Werner's attorney, Ray Gary, Jr.

Since Werner was badly wounded nearly three years ago, his wife, Jodi, has been his legal guardian.

But now his attorney says Werner has improved enough to take care of his own affairs without her, especially since they're now estranged.

"He's now separated from his wife and a divorce is contemplated," said Gary.

The attorney said at the very least, Werner's father, Mike, should be appointed his new guardian.

But Jodi Werner is fighting to keep control of her estranged husband's life and finances.

She suffered a setback on Thursday, though.

Her attorney was disqualified since the lawyer represents both husband and wife in a $20-million civil lawsuit over the shooting.

Probate Court Judge Kelli Wolk ruled it a conflict of interest.

Neither Jodi Werner nor her attorney had any comment as they left the courtroom.

Now Zach Werner will have to wait at least another month, while the wife who still manages his life hires a new attorney for the next hearing.

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