Charles Foehner gets $50,000 bail on weapons charges after fatally shooting alleged mugger in Queens
NEW YORK - Charles Foehner, the Queens man who shot and killed a man he said was trying to rob him, was arraigned Friday morning on weapons charges, not murder.
Police found two dozen weapons in his home - most unlicensed.
Foehner's wife walked out of Queens Criminal Court in tears. She did not want to speak on camera, but said her husband is a wonderful man.
Foehner, 65, a retired doorman and deli worker, said he was defending himself.
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"My office is charging Charles Foehner with multiple counts of criminal possession of a weapon. These are the charges factually supported by the evidence," Queens DA Melinda Katz said.
Police sources said around 2 a.m. Wednesday, Foehner was walking back from a store on 82nd Avenue and Queens Boulevard where he bought cigarettes when he says he saw a man acting erratically, banging on windows.
Foehner told police the man demanded his wallet and cigarettes, and said he felt threatened. Sources said he pulled out a revolver and fired five times, killing 32-year-old Cody Gonzalez.
His neighbor said he saw the surveillance video of the incident.
"I saw that he was being taunted by the individual," Curtis Kizer said. "It looks like he's waving the guy off, telling him to back up. I think he showed the firearm to let him know he was armed, and the individual kept coming."
Sources said Foehner called 911 and turned himself in. The weapon used in the shooting was recovered. It was not licensed.
Prosecutors said a search warrant of his home revealed he had more than two dozen weapons including pistols, shotguns, an AK-47 and 152 high-powered magazines, and body armor. He was only licensed for five of those weapons.
"I know him personally. He's a nice guy. Never would have thought he had that many guns. Always nice walking his dog around the neighborhood," Kizer said.
"It's very dangerous. They found 26 guns up there. Because, at one point, it will be shot," one neighbor said in Russian.
"I believe if you have an illegal gun, especially if you have multiple guns and assault rifles which should be totally outlaed, you be arrested, prosecuted, and sent to jail," one person said.
The original arraignment judge recused herself. She had apparently signed off on a search warrant for Foehner's home connected with the investigation.
The judge Friday said he was not only very concerned with Foehner's arsenal of weapons, but also that Foehner was carrying a loaded weapon on the street in the first place. He set bail at $50,000.
Foehner is due back in court Monday at 9:30 a.m.
