A Cook County judge has denied a motion to dismiss weapons and official misconduct charges against Charles Sikanich, the former 45th Ward superintendent, setting the path for what may shape up a trial. As reported by the Chicago Sun-Times, Sikanich stands accused of attempting to offload a World War II-era machine gun to an undercover federal agent.
Jim McKay, Sikanich’s attorney, argued that charging Sikanich was a step towards criminalizing veteran memorabilia, comparing it to prosecuting veterans for cannons displayed outside VFW halls. His argument hinged upon the statute of limitations for charging his client, emphasizing how the weapon, a "war trophy," had been known to and registered with federal authorities since the 1960s and re-registered in 2015.
Prosecutors countered, noting that Sikanich was charged after the failed attempt to sell the machine gun to an ATF agent and arrived at the meeting in a city-owned vehicle, as pointed out by the WTTW News. They claim that the date of the alleged offense makes the charges timely and pointed out that the weapon could have been restored to working order.
The defense insists the firearm, a memento from Sikanich’s grandfather, was non-operational. However, Assistant Attorney General Jonas Harger argued in response to the motion to dismiss that, being a "war weapon," it could be easily reactivated and was designed for destructive capacity. During the meeting to discuss the gun sale, Sikanich also suggested his mother, employed at the circuit court’s office, would facilitate completing the illegal transaction to avoid issues with his superintendent role.
The case has seen its share of drama outside of courtroom proceedings. Sikanich was hired by Ald. Jim Gardiner, who is at the center of a probe looking into whether he took bribes for official actions. Gardiner has also been criticized for sending crude texts about colleagues and apparently seeking to leak criminal records of a protest organizer. The lawsuit associated with these allegations involved Sikanich as well and was dismissed last year by mutual agreement between the parties.
