Loaded gun found in car within reach of young children, man charged with 4 felonies
RACINE, WI — A search of a vehicle after a traffic stop Sept. 9 led police to a loaded gun – within reach of young children – and to the arrest of a 31-year-old Racine man on six criminal charges, including four felonies.
Marcus McClain is charged with a felony count of possession of a firearm by a convicted felon as a repeat-offender and three for bail jumping. The four felonies carry a maximum possible prison term of 28 years and a total fine of $55,000.
McClain, who remains in custody in the Racine County Jail on a $5,000 cash bond, also is charged with misdemeanor carrying a concealed weapon, also as a repeat-offender. He's due back in Racine County Circuit Court on Oct. 23, for an 8:30 a.m. status conference.
Children allegedly in the back seat within reach of loaded gunAccording to the criminal complaint:
An officer with the Caledonia Police Department stopped a vehicle at 10:30 p.m. in the 3800 block of Douglas Avenue.
Inside the vehicle were four children younger than 10 – all unrestrained in the rear seat – and three adults, including the defendant, who was also in the rear seat. The driver was arrested for driving with a revoked driver's license and for violating bond.
As that was taking place, another officer observed a firearm behind the seat where McClain had been. The black 9mm Smith and Wesson had a chambered round and a magazine with five rounds.
The loaded gun was within arm's reach of the defendant and the children with the barrel pointed up, the complaint states. McClain did not possess a valid Concealed Carry Permit and was taken into custody.
Police also found what later tested positive for the presence of fentanyl in the center console. The driver told police the controlled substance and the loaded gun were hers.
When she was asked how the firearm got into the vehicle, she stated, "I don't know," and then ended the interview.
McClain claimed he had no knowledge of either the substance or the loaded gun and stated that his DNA would not be on the firearm. Criminal court records show he has several prior felony convictions, which prohibit him from possessing a firearm.
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