A man who shot and killed an alleged mugger in Queens returned to court last week on weapons charges after police officers recovered an ‘arsenal’ of illegal firearms from his apartment.
The charges follow a May incident where the man, retired doorman Charles Foehner, used an unlicensed revolver to shoot and kill a man he said was attempting to rob him.
The shooting occurred at 2 a.m. in Kew Gardens, Queens. Foehner told police that he was walking home when he encountered a man banging on windows and attempting to break into nearby buildings, who approached Foehner and demanded his wallet and cigarettes.
Foehner said that he believed the man, 32-year-old Cody Gonzalez, had a knife. When he approached, Foehner, who had a revolver on him, shot the man five times, killing him. According to police, Gonzalez was unarmed. Foehner had mistaken a pen in Gonzalez’ hand for a knife. After the shooting, Foehner called 911 and surrendered his gun.
Foehner was not arrested following the shooting, but the 65-year-old did not own that revolver legally. Now, he’s facing a series of charges related to his illegal possession of that weapon and more.
While executing a warrant to search Foehner’s apartment after the shooting, officers recovered the unlicensed revolver used to kill Gonzalez along with more than 25 firearms including pistols, shotguns, rifles and an AK-47. Foehner did possess a firearms license, but not for the revolver used during the shooting and not for the majority of more than two dozen weapons recovered during the search. Foehner has been charged with seven felony counts under state law and one misdemeanor under New York City administrative law.
His top charge is for felony possession of a weapon in the first degree, under a specific portion of New York State law addressing the possession of ten or more firearms.
Foehner has also been charged with felony criminal possession in the second degree for possessing a loaded firearm, three felony counts of criminal possession of a weapon in the third degree for possession of an assault weapon, charges related to unlawful purchase of body armor and possession of ammunition and a city-level misdemeanor firearm violation.
On June 1, Judge Jerry Iannece set Foenher’s bond at $50,000, twice the amount requested by the Queens District Attorney’s Office.
“The defendant was on the street with a loaded, unlicensed gun,” Iannece said during the brief proceeding. “There are too many shootings in this city.”
Foehner has not been charged in direct relation to the killing of Cody Gonzalez.
After appearing before Judge Edwin Novillo on June 5, Foehner is set to return to Queens Criminal Court on August 16, 2023. Foehner is out on bond as his case progresses.
