Senior citizen who saved himself from would-be mugger heading to prison because of NYC’s ‘draconian’ laws
Foehner was not charged with manslaughter after claiming self-defense, but pleaded guilty to a lesser gun charge. Brigitte Stelzer
A 67-year-old Queens man who fatally shot a would-be robber near his home will serve four years in prison after pleading guilty to possessing an unlicensed firearm, his attorney said Thursday.
Charles Foehner admitted to one count of criminal weapons possession in a plea deal that resolved a case more than two years after the shooting of Cody Gonzalez, who approached Foehner late at night near his Kew Gardens residence.
Prosecutors chose not to pursue homicide charges after Foehner told police he acted in self-defense when Gonzalez charged him with what appeared to be a knife—but later was found to be a pen. However, authorities pursued multiple weapons charges after discovering an unlicensed handgun in Foehner’s possession, along with other unregistered firearms inside his home.
Foehner’s attorney, Thomas Kenniff, said his client accepted the plea to avoid a trial that could have resulted in up to 25 years in prison. Kenniff criticized New York City’s strict gun laws, calling them “draconian” and claiming they place law-abiding citizens in impossible positions.
“If this were a state and city that had its affairs in order, Mr. Foehner would be getting a plaque, not a prison sentence,” Kenniff said outside Queens Supreme Court. He also referenced the challenges New Yorkers face in legally carrying firearms and defending themselves under current laws.
Security footage from the incident showed Gonzalez—who had a history of at least 15 arrests and documented mental health issues—continuing to approach Foehner even after the senior citizen drew his gun. Foehner told authorities he carried the revolver for personal protection against rising crime in the city.
Under the plea agreement, Foehner is set to be sentenced to four years in prison on January 14. Until then, Judge Toni Cimino allowed him to remain free, granting him the opportunity to spend the holiday season with his wife, despite objections from the Queens District Attorney’s Office, which had requested he be held at Rikers Island until sentencing.
Kenniff said his client and his family are grateful for the judge’s decision.
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