"I am also a little concerned defense counsel may be given misinformation by his clients", the judge said, adding that some of the information presented so far has been "cloudy".
Johnny Bobbitt Jr. gave Kate McClure his last $20 in November when she ran out of gas on Route 95 in South Philadelphia. To thank Bobbitt for his kindness, McClure and her boyfriend set up a GoFundMe campaign that was meant to help Bobbitt get back on his feet.
A judge ruled Wednesday that McClure and D'Amico, who say the money is now completely gone, must testify in court as to how they spent the funds raised in Bobbitt's name.
Bobbitt said in his lawsuit that McClure, 28, and D'Amico, 39, used the GoFundMe account as their "personal piggy bank".
Bobbitt, who is from Philadelphia, has sued McClure and D'Amico to recover much of the $402,000 they solicited through a crowdfunding campaign late past year. McClure was inside the house and D'Amico was on the porch, pacing and talking on his phone.
According to media reports, a New Jersey judge hearing a civil lawsuit filed by Bobbitt ordered the couple to testify under oath on September 10 about what happened to the money.
McClure and D'Amico are scheduled to answer questions under oath on Monday for depositions at their attorney's office.
Authorities executed the warrant on Mark D'Amico and Katelyn McClure's home in Florence, New Jersey, about 30 miles (48 kilometers) northeast of Philadelphia, and were seen loading a BMW onto a flatbed truck, according to 6ABC. McClure and D'Amico claimed that Bobbitt had wasted $25,000 and stolen their possessions to buy drugs.
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This photo taken August 15, 2018, shows Johnny Bobbitt Jr., the homeless veteran who gave $20 for gas for Kate McClure, back on the streets with his brother. Their lawyer says they plan to assert their 5th Amendment rights.
The Burlington County Prosecutor's Office said no charges had yet been filed against the pair.
"I say I get rid of my team of lawyers (and) you get rid of yours and Kate I write you a check", D'Amico wrote, according to the evidence provided by Fallon. "I didn't ask what his reaction was but he didn't ditch us", Fallon said.
We are working with law enforcement officials to ensure Johnny receives all of the funds raised on his behalf.
Last week, a judge ordered the couple to give all the remaining money, $150,000, to Bobbitt's attorney to put into an escrow account until a judge rules how it will be managed.
GoFundMe announced Thursday that it will give a homeless man the $400,000 that authorities said a couple who raised it for him apparently kept for themselves.
"We'll continue to assist with the ongoing law enforcement investigation", the GoFundMe statement continued. The now-deleted campaign ultimately raised just over $US400,000, and the couple made numerous TV appearances saying that Bobbitt's life would be changed forever.