Wonder Lake man allegedly sold machine gun without serial number to Woodstock man arrested with the weapon

Philip C. Marcadante

A Wonder Lake man is accused of selling an unserialized machine gun to a Woodstock man who was allegedly found armed with the weapon and body armor last month.

Philip C. Marcadante, 52, was charged with possession of a machine gun as a felon, possession of a machine gun and unlawful sale/transfer of a machine gun, according to McHenry County court records.

According to the criminal complaint against Marcadante, on Dec. 29 he gave or sold an “un-serialized no brand” AR-15 rifle that was “equipped with an auto sear, which makes the weapon fully automatic and a machine gun” to Richard K. Wieser Jr., 24, of Woodstock. A warrant was issued Jan. 24 for Marcadante’s arrest, and he was detained Jan. 30, according to court records.

Prosecutors said Marcadante sold the machine gun for $100 to Wieser, who authorities said did not have a Firearm Owners Identification card.

The sale of assault weapons was banned in Illinois last year, and those who owned such firearms before the ban had to have them registered.

Wieser was also arrested in January. At the time, authorities said, they found him with the firearm “slung over his shoulder” and loaded with a 30-round magazine and he had another 30-round magazine in his pocket. He was also wearing body armor and was carrying three cellphones, 120 grams of methamphetamine and 10 grams of cocaine that were “pre-packaged” for selling, McHenry County Assistant State’s Attorney Julio Cantre said.

Wieser was charged with five Class X felonies of possession and possession with intent to deliver 100 to 400 grams of methamphetamine, two counts of armed violence and possession of a machine gun. The case against Wieser is pending.

Marcadante, the alleged seller of the untraceable machine gun, was ordered to be held pretrial. Judge Cynthia Lamb approved Assistant State’s Attorney Anthony Marin’s petition to deny Marcadante pretrial release, saying he is a “real and present threat” to the community and can sell guns from anywhere, according to court documents.

Marcadante is scheduled to appear in court for a preliminary hearing March 20, according to court records.

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