67-Year-Old Sentenced to 4 Years for Self-Defense Shooting: ‘I Might Not Come Out
Charles Foehner poses with his wife Jenny Foehner-Speed and their dog Biscuit. Next month, Foehner will begin his four year sentence for weapons charges. Olga Ginzburg for the N.Y. Post
On January 14, Charles Foehner will begin serving a four-year prison sentence.
At 67, Foehner is a retired doorman with a gift for conversation, a devoted wife, and a habit of saying “groovy.” He enjoys watching naval history videos on YouTube and spends his days quietly with his 8-year-old dog, Biscuit. Yet despite posing no threat to society, Queens DA Melinda Katz pursued the maximum penalty after Foehner pleaded guilty to possessing unlicensed firearms.
“The only way I can get out of bed in the morning is to not think about [going to prison],” Foehner said in his Pennsylvania townhouse, where he moved a year ago.
As his sentence approaches, Foehner is trying to organize the practicalities of prison life. “I’ve got to really give the prison consultant a buzz, but I’m so shut down that it’s hard to get anything done,” he said. Instead, he is focusing on spending time with his wife, Jenny Foehner-Speed, and their dog, who was recently diagnosed with cancer.
Foehner’s run-in with the law began in May 2023, when he went out for cigarettes in the early morning. Crime had increased in his Kew Gardens neighborhood after a now-closed hotel became a hub for illegal activity, prompting Foehner to carry a revolver for protection.
That night, he encountered Cody Gonzalez, an agitated man who demanded a cigarette and Foehner’s phone. When Gonzalez advanced with a weapon, Foehner shot him. Surveillance footage captured the confrontation. Gonzalez had a long criminal history and documented mental health issues, while Foehner had no prior criminal record.
“I didn’t want to hurt anyone. He left me no choice,” Foehner said. Authorities deemed the shooting justified, but Foehner faced charges for illegal gun possession after police discovered approximately 26 weapons in his home, only a few of which were licensed.
Foehner accepted a plea deal rather than risk a trial that could have resulted in 25 years behind bars. His attorney, Thomas Kenniff, criticized New York’s strict gun laws for punishing law-abiding citizens trying to protect themselves.
Despite the plea, DA Katz sought a harsh sentence, initially requesting that Foehner spend the final months in Rikers Island. The judge allowed him to remain at home for Thanksgiving and Christmas.
“This should enrage anyone with a sense of justice,” Foehner said. He believes the case is political, a way for the DA to showcase action on gun crimes while more dangerous offenders continue to evade serious consequences. He pointed to other violent crimes in the city, including repeated assaults and sexual offenses, where perpetrators received lenient diversion programs or treatment instead of prison.
Foehner and his wife face additional hardships. His social security benefits will be suspended during incarceration, and Jenny recently lost her job of 12 years. A fundraising campaign has helped cover legal costs, but uncertainty looms.
“I’m just trying to survive,” Foehner said. “Maybe I should have taken the beating that night instead of using a gun—but who knows where it stops.”
Since his arrest, Foehner has faced relentless pressure from the system. For a nonviolent man with a clean record, prison feels more like punishment than justice.
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