A Cary man has been sentenced to 13 years in prison after being found with an AR-15, which was converted into a machine gun, along with body armor and a large quantity of drugs in McHenry County.
Richard K. Wieser Jr., 25, of Cary, was charged in January 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.
The McHenry County Sheriff’s Office arrested Wieser around 4 p.m. on January 23.
A criminal complaint filed in McHenry County Circuit Court said 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 a loaded AR-15 rifle, which had been converted to be fully automatic using an auto sear switch, the complaint said.
The gun was unserialized with no brand name on it. 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 not to possess any firearms.
The McHenry County State’s Attorney’s Office filed a petition to detain Wieser pending trial following his latest arrest.
McHenry County Judge Cynthia Lamb said the nature and circumstances of the arrest, including Wieser’s possession of a machine gun, showed 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 while ordering him detained in January.
A criminal complaint filed in McHenry County Circuit Court said Philip C. Marcadante, 52, of Wonder Lake, possessed the unserialized no-brand AR-15 rifle equipped with an auto sear and sold the gun to Wieser on December 29.
Marcadante is a convicted felon and is not allowed to possess weapons due to a McHenry County conviction from the 1990s.
McHenry County Assistant State’s Attorney Anthony Marin said Marcadante sold the gun for $100.
A search warrant conducted showed a Facebook conversation between Marcadante and Wieser discussing the sale of the gun and Marcadante sent a photo of the exact same gun to him in the same conversation, Marin said.
Court records show Wieser entered into a negotiated plea deal with the McHenry County State’s Attorney’s Office on Friday.
He pleaded guilty to one count of possession of 100-400 grams of methamphetamine and one count of possession of a machine gun, both Class X felonies.
McHenry County Judge Tiffany Davis approved the plea and sentenced Wieser to 13 years in the Illinois Department of Corrections (IDOC) for each charge.
The two sentences will be served concurrently and at 50% in accordance with truth-in-sentencing guidelines.
Wieser will receive credit for almost 250 days served in the county jail while awaiting trial.
Marcadante, who remains held in the McHenry County Jail, was charged with felon in possession of a machine gun and two counts of possession or selling of a machine gun.
Those charges remain pending and he is scheduled to appear in court again on Tuesday for a hearing to reconsider his pre-trial detention.