MOUNT HOLLY - A Burlington County couple were ordered again Wednesday to tell the court what happened to more than $400,000 donated to help a homeless Samaritan.

Katelyn McClure and her boyfriend, Mark D'Amico, both of Florence, are to be deposed Monday, Superior Court Judge Paula T. Dow said.

But the pair might refuse to testify about where the money went, their attorney indicated.

The couple had set up an online donation fund for Johnny Bobbitt Jr., a homeless veteran who gave up his last $20 to buy gas for McClure when she ran out of fuel along Interstate 95 in Philadelphia last fall.

More than 14,000 donors stepped up, contributing more than $400,000 for Bobbitt after his story of helping the stranded South Jersey motorist in November went viral.

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Bobbitt's attorney has claimed the couple are withholding $200,000 or more and he wants to know what's left of the donation fund that had been set up through a GoFundMe campaign.

The couple's "counsel represented to me the money is all gone, but I am not sure it is all gone," attorney Christopher Fallon told the judge.

Last Thursday, the judge instructed McClure and D'Amico to hand over the money to their attorney within 24 hours. But that apparently didn't happen, and Bobbitt's attorney said he was told Tuesday there was no money to turn over.

Dow on Wednesday ordered the couple's attorney, Ernest Badway, to turn over donation spending records on Friday — expedited from an earlier order to do so by Monday — and revised her order that they surrender any unspent money.

"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."

Badway previously told the court nearly $200,000 of the fund remained.

Dow declined to hold McClure and D'Amico in contempt, though, and refused to revoke their passports. Instead, she ordered them — and Bobbitt — to appear for depositions on Monday.

Fallon, however, said it could be detrimental to Bobbitt's health for him to leave the 30-day drug rehabilitation program that he just began.

Bobbitt, McClure and D'Amico have not been in court for the recent hearings.

Badway promised his clients "absolutely" will appear for depositions Monday, but also tried to invoke his clients' Fifth Amendment rights shielding them against self-incrimination.

However, the judge insisted she would have to hear that directly from his clients and ordered them to give sworn statements in depositions Monday.

Fallon presented to the judge Wednesday a copy of two text messages that he said were sent to Bobbitt from D’Amico on Aug. 27.

In the first message, D’Amico appears to offer to give Bobbitt the remaining money if he agrees to fire his lawyers.

“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.

“We sit down go over the bank statements and what’s left is yours,” D’Amico added.

In the text, he also warned Bobbitt about plans to put the money in a trust. “You’re gonna end up with nothing and that’s what I was trying to avoid,” he wrote.

D’Amico added: “You want your money no strings attached and this to be over with?? You know how to get ahold of me.”

The screenshot provided by Fallon does not show any response from Bobbitt.

In a second text provided by Fallon to the court, D’Amico allegedly told Bobbitt: “Defending ourselves makes it impossible not to bad mouth you … I don’t want that either.”

D’Amico had said in a recent media interview that Bobbitt spent some of the money on drugs and that was the reason for not immediately giving him all of the money.

In court last week, Fallon admitted his client has a drug addiction and had “fallen off the wagon” again.

Dow on Wednesday twice admonished Badway for "grandstanding."

At one point, the attorney asked that two suspected law enforcement officers sitting in the back of the courtroom identify themselves to the court. The judge refused, saying it was outside her court rules.

There has been no indication the Burlington County Prosecutor's Office or any other law enforcement agency has opened an investigation into the case.

However, the two law enforcement officers in the courtroom were a county detective and an assistant county prosecutor.

Prosecutor's office spokesman Joel Bewley declined comment to the Courier-Post about the potential for a criminal case.

Meanwhile, GoFundMe spokesman Bobby Whithorne said the company is working with law enforcement to ensure that Bobbitt gets all the money raised for him.

“While we assist law enforcement with their ongoing investigation, GoFundMe is also working with Johnny’s legal team to ensure he’s receiving support while the remaining funds are being recovered,” Whithorne said in a statement.

He also said the company gave $20,000 to an account set up by Bobbitt’s attorney “to provide assistance” to him during the investigation.

The Associated Press contributed to this report.

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