Homeless man's $400K: Couple's lawyer says they'll be indicted

FLORENCE — Kate McClure and Mark D'Amico may have even bigger problems ahead of them in their legal battle over $400,000 GoFundMe account: no lawyer and a possible indictment.

It's still not clear what happened to all the money raised after homeless man Johnny Bobbitt gave McClure of Florence his last $20 when she ran out of gas on Route 95 in South Philadelphia last November. McClure and boyfriend created the GoFundMe page to "pay forward" the homeless man's kindness, which got $400,000 in donations. In August, Bobbitt filed a civil suit seeking access to the money he claims the couple denied him, saying they spent the donations instead on vacations and a new car for themselves.

Bobbitt's lawyer, Chris Fallon, said Bobbitt received $68,000 to buy a truck and a trailer, both of which have been sold. The couple's lawyer, Ernest Badway, told Finn that all the money is "gone," but the couple had not produced any financial documents. Badway later told Superior Court judge Paula Dow that Bobbitt was given about $200,000.

Dow on Monday approved a motion filed by Badway to put the civil suit on hold until December 7 while the Burlington County Prosecutor's Office conducts a criminal investigation into the matter, according to Fallon. A court-ordered deposition for Monday by Dow last week was postponed.

In a copy of the motion described by NJ.com, Badway said that his firm would no longer be able to represent the couple because one or both of them will likely be indicted.

Badway in an email told New Jersey 101.5 he could not comment.

Fallon said that during a search of the couple's home led by the Prosecutor's Office last Thursday, investigators removed cash, jewelry and a BMw, but he did not know how much. Badway in the motion said financial records were also removed, which he said will make it impossile for McClure and D'Amico to defend themselves.

The prosecutor's office on Monday afternoon said only no charges have yet been filed.

GoFundMe and Fallon said last week that Bobbitt will get the balance of the fund due him "to ensure Johnny gets [the] support he deserves."

Meanwhile, another member of Bobbitt's legal team, attorney Jacqueline Promislo, told the New York Post that the couple also bought a number of pairs of shoes and Nikes, an iPhone 10, a Luis Vutton bag and a Chanel sunglasses.

Bobbitt has entered a drug rehab facility in New Jersey for at least the next 30 days on a "scholarship" to cover the cost of his treatment. Fallon said four facilities offered to treat Bobbitt.

Contact reporter Dan Alexander at Dan.Alexander@townsquaremedia.com or via Twitter @DanAlexanderNJ