 McErlane was not charged; indeed, he was about to make history.Some crime historians believe that Frank McErlane acquired his "Tommy Gun" from North Side gang leader Dean O'Banion, who had purchased a shipment of submachine guns in Denver, Colorado shortly before his November 1924 murder.At any rate, McErlane was to use one in his next attempt to kill Spike O'Donnell (one of ten recorded attacks on O'Donnell's life).