Elderly NYC man fatally shoots career criminal who allegedly lunged at him — and gets prison sentence for infuriating reason
An elderly New York City man has been sentenced to prison after he fatally shot a career criminal who allegedly lunged at him in 2023 — and for a reason many will find infuriating.
Charles Foehner, 67, pleaded guilty Thursday to one count of criminal weapons possession in a deal to end his case more than two years after he fatally shot would-be thief Cody Gonzalez, who charged at him near his Kew Gardens home in Queens, the New York Post reported.
'If we respected people's constitutional right and provided practical means for citizens to exercise that right, Mr. Foehner would not be in the position he is in today.'
More specifically, Foehner will spend four years in prison after admitting to carrying an unlicensed revolver, the paper said, adding that Foehner's attorney blasted the city's "draconian" gun laws.
The Post said the Queens District Attorney's Office decided not to prosecute Foehner — a retired doorman — for Gonzalez's killing after he told police that he defended himself from a mugger who lunged at him late at night holding what looked like a knife, except it was a pen.
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But prosecutors slapped Foehner with a slew of weapons raps for the unlicensed handgun and for an arsenal of illicit handguns, revolvers and rifles inside his home in the quiet neighborhood.
Foehner took the plea deal to avoid a trial, where he faced 25 years in prison on gun charges that are not hard to prove, said his attorney Thomas Kenniff after Thursday's hearing in Queens Supreme Court.
Kenniff called Foehner a "hero" who was put in an "impossible position" by what he called "draconian" Big Apple gun laws that make it difficult for "law-abiding citizens" to obtain permits to carry firearms.
"If this was a state and a city that had its affairs in order, Mr. Foehner would be getting a plaque, not a prison sentence," Kenniff told reporters on the courthouse steps, the Post said.
Foehner's attorney added that lawmakers in New York City and the state capital have "repeatedly frustrated the rights of law-abiding Americans, New Yorkers, that possess firearms," the paper reported.
The Post said attorney Kenniff is known for successfully defending Marine veteran Daniel Penny from charges of fatally choking a homeless man who threatened New York City subway passengers in May 2023.
"If we respected people's constitutional right and provided practical means for citizens to exercise that right, Mr. Foehner would not be in the position he is in today," Kenniff also said, according to the paper.
Following his arrest on the heels of the 2 a.m. fatal shooting in a driveway near his home at 82nd Avenue and Queens Boulevard, Foehner told police he had been carrying the gun in question to protect himself from crime in New York City, the Post noted.
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Security footage showed the alleged robber Gonzalez — who had at least 15 arrests dating back to 2004 and a record of mental illness — continuing to charge at Foehner even after the senior pulled his gun.
Foehner took the deal Thursday with the understanding that he'd be sentenced to four years in prison at his sentencing date Jan. 14, his lawyer said.
Until then, he'll remain "at liberty" and will be able to celebrate Christmas with his wife, Judge Toni Cimino ruled — over objections from the Queens DA's Office, which had pushed for him to spend the holidays at Rikers Island.
"While we very much respect DA Melinda Katz and the fine prosecutors she assigned to this case, we were disappointed that the DA's Office sought to have Charlie remanded before sentencing," Kenniff noted Thursday, according to the Post. "We are grateful that Judge Toni Cimino agreed to let Charlie rejoice with his wife in the light of this Christmas season before he begins his sentence."
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