Homeless man Johnny Bobbitt Jr gave Kate McClure his last $20 when
 her car ran out of petrol.  Picture:  Supplied
Homeless man Johnny Bobbitt Jr gave Kate McClure his last $20 when her car ran out of petrol. Picture: Supplied

Homeless man sues couple who raised $545k for him

THE homeless veteran who helped a stranded motorist has filed a lawsuit against the woman and her boyfriend to stop them from spending what remains from a $US400,000 ($A545,000) GoFundMe campaign they created for him.

Johnny Bobbitt, who spent his last $US20 to help Kate McClure when she ran out of gas in a rough neighbourhood in Philadelphia last Thanksgiving, claims she and Mark D'Amico used the money for themselves, Philly.com reported.

Homeless man Johnny Bobbitt with Kate McClure and Mark D’Amico.  Picture:  Supplied
Homeless man Johnny Bobbitt with Kate McClure and Mark D’Amico. Picture: Supplied

Ms McClure, 28, and Mr D'Amico, 39, both of New Jersey, have claimed they've spent half the funds on housing and other expenses for Mr Bobbitt, who has been living under a bridge, saying they were holding the rest until he's off drugs.

An injunction application filed on Tuesday in Superior Court in Mount Holly claims the couple mismanaged the funds and committed fraud and conspiracy.

Kate McClure, pictured with boyfriend Mark D'Amico.  Picture:  Facebook
Kate McClure, pictured with boyfriend Mark D'Amico. Picture: Facebook

The lawsuit alleges they deposited "substantial portions of the money raised" into personal accounts and did not allow Bobbitt to access them to get off the streets.

"The defendants have expended more than half of the monies raised, and they continue to deprive [Bobbitt] access to the funds that were raised for him," according to the suit filed by his lawyers Cozen O'Connor in Philadelphia, according to NJ.com.

 

Johnny Bobbitt Jr., left, Kate McClure, right, and McClure's boyfriend Mark D'Amico.  Picture:  AP
Johnny Bobbitt Jr., left, Kate McClure, right, and McClure's boyfriend Mark D'Amico. Picture: AP

The New York Post reports that Christopher C. Fallon, one of Bobbitt's lawyers, said the suit was filed after D'Amico ignored several requests for a full accounting of the GoFundMe funds raised.

"He's really left us with no choice but to go forward," Mr Fallon said, Philly.com reported.

They "conspired to utilise [Bobbitt's] money to enjoy a lifestyle that they could not afford. Defendants admitted to commingling the funds raised for [Bobbitt] in their own personal accounts and have denied [Bobbitt] access to the account," according to the court documents.

 

Johnny Bobbitt Jr was an emergency technician.  Picture:  Twitter
Johnny Bobbitt Jr was an emergency technician. Picture: Twitter

 

The filing alleges that D'Amico and McClure have considered the "GoFundMe account as their personal piggy bank."

The couple appeared on Megyn Kelly Today on Monday and denied allegations they pocketed a large portion of the funds meant to get Bobbitt back on his feet.

They said they were protecting the interests of Bobbitt and the more than 14,000 donors by depositing the money into their own accounts to prevent him from doing drugs after he admitted to doing so in an article on Philly.com.

Bobbitt once blew through $US25,000 cash in under two weeks, the couple claimed to Philly.com.

"Giving him all that money, it's never going to happen. I'll burn it in front of him," D'Amico recently told the paper.

Johnny Bobbitt Jr, the homeless veteran who gave $20 for gas for Kate McClure, is back on the streets.  Picture:  AP
Johnny Bobbitt Jr, the homeless veteran who gave $20 for gas for Kate McClure, is back on the streets. Picture: AP

The couple now claim they are receiving death threats.

"It's so hard to deal with when we know we did a good thing," McClure said, tearing up, on the show. "I would do it all over again. I would do it all over again for him."

Messages left for McClure and D'Amico by Philly.com seeking comment on the lawsuit were not immediately returned.

 

 

This article originally appeared in the New York Post and is republished here with permission



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