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BRIAN Laundrie took Gabby Petito's debit card and spent $1,000 to return to Florida without her on September 1, a Petito family lawyer claimed on Tuesday.

The FBI has already for illegally using a card and pin that did not belong to him on August 30 but did not reveal who the card belonged to.

Joe and Tara Petito on Dr Phil on Tuesday
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Joe and Tara Petito on Dr Phil on TuesdayCredit: Dr. Phil/ CBS
Gabby Petito and Brian Laundrie in an Instagram picture
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Gabby Petito and Brian Laundrie in an Instagram pictureCredit: Instagram @gabspetito

The Petito family lawyer appeared to confirm that the card was 's in an appearance on Dr Phil.

“I’m sure the FBI has a lot more evidence than we have. You could look at his state of mind by his actions," attorney Richard Stafford said.

“He ran. He stole her credit [debit per warrent] card. He used her credit card to get home and then ran from the police. That’s going to show what he was thinking.”

was issued on September 24 by the US District Court of Wyoming after Brian was indicted by a grand jury for "use of unauthorized devices."

Court documents revealed the grand jury charge with "knowingly with intent to defraud" using a Capital One debit card for at least $1,000.

The transactions reportedly took place on August 30 and September 1.

FBI Denver has said they believe Gabby was killed between August 27 and August 30.

She was last seen on August 27 when Brian reportedly had an argument with a waitress.

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The warrant allows the FBI to continue searching for Brian while they work to establish what happened to Gabby.

The Laundrie family lawyer said in a statement when the warrant was issued that it focused on "activities occurring after the death of Gabby Petito and not related to her actual demise."

"The FBI is focusing on locating Brian and when that occurs the specifics of the charges covered under the indictment will be addressed in the proper forum," he added.

Gabby's body was found on September 19, two days after Brian was reported missing by his parents.

They originally said that he left for a hike in the Carlton Reserve on September 14 and they took his car back to their house two days later when he didn't return.

Yet it emerged on Tuesday that he instead left the family home on September 15.

This ties in with witness reports that say the Mustang was seen parked outside of the house on that day.

GABBY'S FAVORITE SWEATER

On Tuesday, Gabby's family also confirmed that her remains were identified by her stepdad Jim Schmidt after FBI agents described that they had discovered a piece of clothing believed to be her favorite sweater.

He then broke the news to his wife and Gabby's dad and stepmom.

Gabby's family refused to comment on who they believe is responsible for her death but spoke of their heartbreak when her body was found.

 when the FBI found remains they believed to be .

He described the moment FBI agents told him that they had found a body and that there was an identifying piece of clothing.

Jim confirmed that Gabby had a sweater like the one found and called the rest of the family as they awaited an official autopsy.

"We knew it was Gabby even though we were hoping it wasn’t," said mom Nichole Schmidt as she broke down in tears.

"It was the hardest thing I’ve ever had to listen to. It didn’t hit me right away but I knew she was gone.

PARENTS' GRIEF

"I didn’t want to admit it but felt it the night I found out the van was in Florida," she admitted, adding that when she first reported Gabby missing on Saturday 11, she believed the couple could both be gone.

However, she learned that the in North Port that night when cops went to the house.

"It had to get there somehow," she said. "It's infuriating."

" I didn't want to believe it," her stepmom Tara Petito added of when the body was found on September 19.

"My body went into shock and then you break down, you just fall and cry.

"It’s horrible, horrible, horrible."

The family says they now believe Brian is still alive as they slammed his family for failing to speak out about what they know.

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"I do because he’s a coward," dad said when asked if he believes Brian is on the run.

"Anyone who lived in that house is a coward and can't stand up for their actions."

Dr Phil interviewed Gabby Petito's family on Tuesday
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Dr Phil interviewed Gabby Petito's family on TuesdayCredit: Dr. Phil/ CBS
Jim and Nicole Schmidt on Dr Phil
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Jim and Nicole Schmidt on Dr PhilCredit: Dr. Phil/ CBS
Roberta and Chris Laundrie leave their home
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Roberta and Chris Laundrie leave their homeCredit: Fox News
The Laundrie home taped off
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The Laundrie home taped offCredit: Reuters
Gabby Petito officer quit more than once, SLAMMED the profession and admitted to using 'loopholes' before Utah incident

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