A North Carolina man staying in an RV park in Marengo is accused of having an altercation while unlawfully possessing a firearm.
Jason Barker, 46, of Kinston is charged with three counts of aggravated unlawful use of a firearm while having a previous conviction, a Class 2 felony, according to a criminal complaint filed in McHenry County court. Barker is also accused of being a felon in possession of a firearm, possession of a firearm without a Firearm Owners’ Identification card and aggravated assault with a deadly weapon, the complaint states.
Barker made an initial court appearance Monday before Judge Cynthia Lamb, who denied prosecutors’ petition to detain him in the county jail pretrial.
Assistant State’s Attorney Zachariah Sitkiewicz said the incident at Lehman’s Lakeside RV Resort in Marengo began over a propane tank and that Barker confronted a man and a woman in “an aggressive manner.”
The prosecutor said the man saw Barker “fumble” with something in his waistband that turned out to be a firearm. At the same time, the gun’s magazine fell out and into the snow, and the man put his foot on it and grabbed the gun away from Barker, who then put the man in a headlock and tried to get the gun back, the prosecutor said.
Sitkiewicz said the proof is evident that Barker committed a non-probational, detainable offense while unlawfully possessing a firearm. He is dangerous and should be detained pretrial, the prosecutor argued.
“The question is, what was he about to do with that gun?” Sitkiewicz said.
In 2006, Barker was convicted of breaking and entering in North Carolina, which makes him a felon and ineligible to own a firearm, according to authorities.
But Assistant Public Defender David Giesinger said Barker, who was staying in his RV at the park while working a job installing solar panels in Illinois, scored a two on a dangerousness evaluation, and his wife, who lives with Barker in the RV, has a valid FOID card. He also said Barker pays child support and cares for his wife, who has medical conditions. Additionally, Barker’s criminal history was from 20 years ago, Giesinger said.
The alleged incident occurred at about 4:30 p.m. Jan. 31, and the gun was a Springfield Armory Echelon 9mm, according to the complaint.
Lamb released Barker with conditions, including that he move his RV out of the park and have no contact with the park or the man and woman named in the complaint.
Barker also was ordered to turn over all guns to the McHenry County Sheriff’s Office. He is due back in court March 3. If convicted on the most serious Class 2 felonies, he could be sentenced to three to seven years in prison.