NYC man who shot Queens mugger is arraigned on multiple gun charges
The Queens man accused of gunning down a would-be mugger earlier this week was arraigned Friday on dozens of gun charges related to the weapon he used in the incident and for allegedly stockpiling illegal firearms in his apartment.
Charles Foehner, 65, was slapped with 25 counts of criminal possession of a weapon for using an unlicensed gun to fatally blast mugger Cody Gonzalez, 32, in the chest in a Kew Gardens driveway Wednesday — and for allegedly keeping an arsenal of illicit handguns, revolvers and rifles at this home in the quiet neighborhood.
In a confession, Foehner allegedly told authorities he was packing the illegal pistol in question to protect himself as New York City crime rates soar, Assistant District Attorney Joseph Randazzo said in court.
“Last night I was carrying a firearm because of the way the city has been for the last three years,” Foehner allegedly said. “I read the crime stats and I see so much crime. I had the pistol. I obtained it in a bar one night.”
But Randazzo said police later found “approximately 26 firearms, including pistols, shotguns, rifles, an AK 47, two body armor vests and multiple rounds of ammunition” in his home.
Of the cache of weapons, only five rifles were licensed, Randazzo said.
Foehner’s lawyer, Margaret Lin, urged Queens Criminal Court Judge Jerry Lannece to release him without bail — saying he’s a deli worker with no criminal record, “lives steps away from this courthouse” and is not a flight risk.
“This incident is a total aberration in his life,” she said. “He is the one who called the police immediately after the robbery, where he is the victim.”
But Lannece ultimately sided with prosecutors, ordering him held on $50,000 cash bail.
“What is concerning to the court is the large arsenal of weaponry found in his apartment… in the city of New York, where there are many, way too many shootings,” Lannece said.
Foehner has not been hit with any charges for fatally shooting Gonzalez.
He faces up to 25 years in prison on the top charge of criminal possession of a firearm in the first degree.
Wearing a blue button-down shirt and face mask, Foehner was led out of court with his hands cuffed behind his back.
Charles Foehner, 65, was arraigned in Queens Criminal Court Friday on dozens of gun charges. Gabriella Bass
Foehner’s wife, Jenny Speed, sobbed outside court ahead of the arraignment, telling reporters her husband is “a really good guy.”
“People love him. Everybody loves him,” she added.
Foehner had been walking home at about 2 a.m Wednesday after stepping out for cigarettes when Gonzalez, an erratic career crook, confronted him on the street, cops said.
Police said the would-be mugger, who demanded smokes and cash, was wielding an object, which Foehner believed to be a knife but later turned out to be a pen.
Surveillance video of the encounter allegedly shows Foehner whipping out a handgun and pointing it at an erratic Gonzalez.
He opened fire when Gonzalez suddenly lunged at him, the video shows.
The slain robber — who had at least 15 arrests dating back to 2004 and a record of mental illness — died in the street.
Cops found a pen in the slain man’s right hand.
Foehner allegedly gunned down Cody Gonzalez.
During questioning, Foehner cited the city’s crime as the reason why he was armed when confronted by Gonzalez, Queens Assistant District Attorney Joseph Randazzo said Thursday.
“Last night I was carrying a firearm because of the way that the city has been in the last three years. I read the crime stats and I see so much crime,” Foehner told the investigators, according to prosecutors.
His arrest comes after Foehner griped to The Post just a few years earlier about rampant crime in his neighborhood.
“This isn’t our nice little neighborhood anymore,” Foehner had said in August 2020 article about a since-shuttered hotel on Queens Boulevard that locals griped had turned into “a flophouse.”
“People come down the block and key a car as they pass it. Drug deals are going on in the lobby.”
Source: New York Post
