The 65-year-old man accused of gunning down a would-be mugger on a Queens street was released from Rikers Island on bail — and his case is set to go to a grand jury, prosecutors said in court Monday.
Charles Foehner — who faces charges related to the gun he used to fatally blast mugger Cody Gonzalez last week and the firearms stockpile he allegedly kept at home — appeared in Queens Criminal Court, flanked by his wife, Jenny Speed, for a brief hearing.
The pair did not speak to reporters other than to whisper, “We’re not going to say anything” and “No comment.”
Assistant District Attorney Samuel Pelligrino indicated in court that prosecutors are ready to present evidence to a grand jury in the hopes of securing an indictment against Foehner on the weapon possession raps.
Judge Edwin Novillo adjourned the case to August 16.
Foehner, who had been in custody since the deadly May 31 encounter in Kew Gardens, was initially ordered held on $50,000 bail or $100,000 bond during his arraignment June 2 on 25 counts of criminal possession of a weapon.
He posted bail on Sunday, online corrections records show. When Foehner returned from Rikers Island to his Kew Gardens home, he was greeted with a hug from his wife, photos show.
Foehner stands accused of using an unlicensed gun during the deadly shooting — and of keeping an arsenal of illicit handguns, revolvers and rifles at this home in the quiet neighborhood, authorities have said.
In what prosecutors called a confession, Foehner told authorities he was packing the illegal pistol used to shoot Gonzalez, 32, to protect himself as New York City crime rates soar, Assistant District Attorney Joseph Randazzo said in court Friday.
“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, had 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 and set 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.
Family of the slain mugger said they don’t blame the shooter for defending himself.
“I don’t fault him, not really,” Stephan Gonzalez, 35, who is related to Cody Gonzalez’s adopted family by marriage, told The Post Friday.
Cody had a lengthy history of mental illness that “the system” failed to properly treat, Stephan said.
“He had psych problems. After his mom died, he was on his own,” he said. “The city kind of just let him go. I know he was in Rikers [Island jail] and then he was in a halfway house.”
