A Wonder Lake convicted felon has been charged with selling a fully automatic, loaded and unserialized AR-15 rifle to an alleged drug dealer from Cary.
Philip C. Marcadante, 52, of Wonder Lake, was charged with felon in possession of a machine gun and two counts of possession or selling of a machine gun.
A criminal complaint filed in McHenry County Circuit Court alleges Marcadante possessed an unserialized no brand AR-15 rifle equipped with an auto sear, which makes the gun fully automatic and considered a machine gun.
Marcadante is a convicted felon and is not allowed to possess weapons due to a McHenry County conviction from the 1990s.
Marcadante sold the gun to Richard K. Wieser Jr., 24, of Cary, on December 29, the complaint said.
Court documents said Marcadante sold the gun for $100.
An arrest warrant was issued for Marcadante on January 24 and he was arrested last week.
The McHenry County Sheriff’s Office arrested Wieser around 4 p.m. on January 23.
He was charged with two counts of armed violence, methamphetamine delivery, possession of methamphetamine, possession of a machine gun, manufacturing or delivery of cocaine, two counts of possession of a controlled substance, illegal possession of ammunition and possession of a firearm without a FOID.
A criminal complaint filed in McHenry County Circuit Court alleges Wieser was in possession with intent to deliver 100-400 grams of a substance containing methamphetamine, one to 15 grams of cocaine and four units of LSD.
He was also found with the loaded and unserialized AR-15 rifle with the auto sear switch, the complaint said.
The complaint said Wieser is not allowed to possess weapons because he does not have a valid Firearm Owner’s Identification card.
Court documents said Wieser was found with 119 grams of methamphetamine and 10 grams of cocaine which were packaged into quantities associated with the sale of the drugs.
Wieser had two 30-round ammunition magazines, one of which was in the rifle and the other was in his pocket, and body armor, court documents said.
Court records show Wieser was on pre-trial release in two separate cases — a felony drug case and a domestic violence case — in McHenry County at the time of his arrest.
McHenry County Judge Kevin Costello had rejected prosecutors’ request to have Wieser held pending trial in the drug case in February 2024.
Wieser had been ordered in those two cases to not possess any firearms.
The McHenry County State’s Attorney’s Office filed petitions to detain Wieser and Marcadante pending trial following their arrests. The petitions were granted.
McHenry County Judge Cynthia Lamb said the nature and circumstances of the arrest, including Wieser’s possession of a machine gun, show he is a “real and present threat to the safety of the community.”
“The Defendant does not seem to be able to stop himself from possessing illegal substances in quantities associated with their sale, as well as any firearms, so no condition or set of conditions can mitigate the real and present threat he poses to the community,” Lamb said.
The judge said that no conditions of release could mitigate the risk posed by Marcadante because he could sell guns from anywhere and have people come to him.
Marcadante is scheduled to appear in court again on March 20 for a preliminary hearing and Wieser is scheduled to appear in court again on February 24 for a preliminary hearing.