NEW YORK CITY, NEW YORK — A 67-year-old Queens man who shot and killed a suspected mugger in front of his home has been sentenced to four years in prison after pleading guilty to illegal weapons possession. Prosecutors dropped any homicide charges, citing self-defense.
Self-Defense Claim, But Weapons Charges Remained
The incident took place around 2:00 a.m. in June 2023 in the Kew Gardens neighborhood, when Charles Foehner, a retired doorman, was approached outside his residence by 32-year-old Cody Gonzalez. Foehner, who was carrying an unlicensed revolver, said Gonzalez charged at him while appearing to hold a sharp object. He fired multiple shots, fatally striking the man.
Although the item in Gonzalez's hand was later determined to be a pen, security footage reportedly showed Gonzalez continuing to advance even after Foehner drew his weapon. Prosecutors acknowledged the self-defense claim and did not pursue homicide charges.
However, a subsequent search of Foehner’s apartment uncovered what officials described as an “arsenal” of illegal firearms, including handguns, revolvers, rifles, and more than 150 high-capacity magazines. Foehner was only licensed to possess five of them.
Plea Deal Avoids Long-Term Sentence
On November 20, 2025, Foehner pleaded guilty to one count of criminal possession of a weapon. The plea deal allowed him to avoid a potential 25-year sentence had he gone to trial on multiple weapons charges. He is expected to be formally sentenced to four years in prison on January 14, 2026.
His defense attorney, Thomas Kenniff, criticized New York City’s strict gun regulations, calling them “draconian” and arguing they make it nearly impossible for citizens to legally protect themselves. Kenniff described Foehner as a “hero” who acted in a moment of fear and should be commended, not imprisoned.
“If this city was functioning properly, Mr. Foehner would be receiving a medal—not a prison sentence,” Kenniff told reporters.
Controversy Over Release Before Sentencing
Despite objections from the Queens District Attorney’s Office, Judge Toni Cimino ruled that Foehner could remain free until his sentencing, allowing him to spend the Christmas holidays at home with his wife.
Gonzalez, the man killed in the confrontation, reportedly had more than a dozen prior arrests, though official details on his background and mental health history remain limited.
For more cases related to controversial self-defense claims and gun possession laws, check out our video here:
