A man who left a woman to die in 2017 after she fell from a golf cart after a night of drinking in The Villages has hit a hurdle in his bankruptcy case.
Timothy Jacob Foxworth, 39, of Wilmington, N.C. was visiting his parents in the Village of Gilchrist when 51-year-old Shelly Osterhout fell from a golf cart he was driving after the two met while drinking at Brownwood.
Foxworth was virtually unpunished for that act when he pleaded no contest on May 20, 2019 to two misdemeanor charges in connection with Osterhout’s death. He was sentenced to one year of probation and ordered to perform 50 hours of community service.
The deceased woman’s father wrote a letter to Judge William Hallman expressing his outrage over the sentence. Osterhout’s father alleged that the prosecutor’s office had been intimidated by the Foxworth family’s “deep pockets.”
After the sentencing, Foxworth filed for bankruptcy in the Eastern District of North Carolina.
This past month, a motion to dismiss the bankruptcy case was filed after Foxworth failed to show up for a mandatory meeting with creditors, according to a court document.
“The debtor has failed to appear at the meeting of creditors. Accordingly, the trustee asserts that the plan has not been proposed in good faith,” the court document said.
The bankruptcy petition reveals the following:
• He has assets estimated to be worth between $100,000 and $500,000 and the same amount of liabilities.
• Foxworth indicated he earned $79,533 in 2017, the year of Osterhout’s death. He earned $77,000 in 2018. He was working in funeral planning.
• His estimated monthly income is $6,521 and his monthly expenses are $7,270.
• He owns a home with his ex-wife in Wilmington, N.C., valued at $290,300. They owe $295,124 and have a monthly mortgage payment of $1,600.
• He also listed as assets a 2015 Jeep Cherokee, which is used by his ex-wife, as well as a 2016 Chevy Impala, which he is presumably driving.
• Foxworth appears to be current on his child support obligations.
Foxworth was represented in the criminal case by attorney Andrew Moses, who negotiated the charges down from DUI manslaughter and hit-and-run felonies to misdemeanor charges of culpable negligence and DUI impairment. Moses relied on case law that dictated his client could not be charged with leaving the scene of an accident because there was no crash – Osterhout fell from the golf cart when Foxworth discovered he was traveling in the wrong direction and cut a sharp U-turn. Moses also ordered a voluminous report from an expert witness which supported his argument.
Foxworth’s parents sold their home in The Villages months after their son’s arrest. They relocated to North Carolina.