The Office of the United States Attorney for the District of Vermont stated that Frank Weir, 56, of Shrewsbury, appeared in federal court today for an arraignment on a two-count indictment charging him with possessing a machine gun without a permit in February 2016. According to the government’s allegation, the firearm in question was a Thompson U.S. Navy 1928 submachine gun,.45 caliber (manufactured by Colt). The second charge alleges that this same firearm had an obliterated serial number.
Weir pleaded not guilty in federal court today before Magistrate Judge John M. Conroy, who ordered that Weir be held in the custody of the U.S. Marshals Service until trial. Until recently, Weir was in the custody of the State of Vermont pursuant to the State’s second-degree murder charge against Weir for the shooting death of Donna Marzilli on Feb. 15, 2016. The machine gun at issue in this federal case is not alleged to be related to the State’s murder charge.
Pursuant to a plea agreement between Weir and the State of Vermont filed today, the State of Vermont dismissed, without prejudice, its charge against Weir to permit the federal charges to proceed first. Under the State plea agreement, it is contemplated that Weir will first resolve the federal case and the State will then refile its Second Degree Murder charge.
The United States Attorney emphasizes that the charges contained in the indictment are merely accusations and that the defendant is presumed innocent unless and until he is proven guilty. Under the National Firearms Act, a person may not possess a machine gun unless it is registered to that person in the National Firearms Registration and Transfer Record. A violation carries a maximum penalty of ten years. Under the Gun Control Act, it is unlawful to possess a firearm with an obliterated serial number. This offense carries a maximum sentence of five years. If Weir is convicted, the Court would determine the actual sentence after consideration of the advisory sentencing guidelines.
This case is being investigated by the Bureau of Alcohol Tobacco, Firearms and Explosives and the Vermont State Police. The United States is represented by Assistant U.S. Attorney Joe Perella and Frank Weir is represented by Peter Langrock, Esq. of Middlebury.
Source: U.S. Department of Justice, Office of the United States Attorneys
