Queens resident Charles Foehner, a 67-year-old retired doorman, pleaded guilty Thursday to criminal possession of a weapon after he shot and killed a man attempting to rob him at gunpoint outside his Kew Gardens home. Under the plea deal, Foehner faces four years in prison, with sentencing set for January 14.
The shooting took place around 2 a.m. in a driveway near 82nd Avenue and Queens Boulevard, where Cody Gonzalez, the aggressor with at least 15 prior arrests dating back to 2004 and a history of mental illness, charged at Foehner while wielding what appeared to be a knife—later identified as a pen. Security footage captured Gonzalez lunging forward even after Foehner drew his unlicensed revolver in self-defense. Foehner told police he carried the gun to protect himself amid rising crime in the city.
Queens District Attorney Melinda Katz chose not to pursue manslaughter charges, acknowledging Foehner’s self-defense claim. But prosecutors moved forward on weapons possession after discovering additional unlicensed firearms in his home, including handguns, revolvers, and rifles. Foehner could have faced up to 25 years if convicted at trial on the full slate of gun charges.
Judge Toni Cimino allowed Foehner to remain free until sentencing, overruling the DA’s push to remand him to Rikers Island over the holidays. This decision lets Foehner spend Christmas with his wife before beginning his term.
Foehner’s attorney, Thomas Kenniff—who recently secured an acquittal for Marine veteran Daniel Penny in a high-profile subway chokehold case—defended his client fiercely.
“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 said. He blamed New York City’s strict gun permitting process for putting law-abiding citizens like Foehner in jeopardy while failing to curb violence from repeat offenders.
Kenniff added, “Lawmakers in New York City and Albany have repeatedly frustrated the rights of law abiding Americans, New Yorkers, that possess firearms.” He continued, “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.”
The case spotlights how New York’s gun laws, among the nation’s toughest, often leave everyday people vulnerable to predators while punishing those who arm themselves without navigating the bureaucratic maze for permits. Gonzalez’s extensive rap sheet, including multiple arrests, raises questions about why such individuals roam free to prey on seniors in the dead of night. Meanwhile, Foehner, with no prior criminal record, now heads to prison for standing his ground.
Recent reports confirm the plea and upcoming sentencing, aligning with details from the Queens DA’s office. Critics argue this outcome exemplifies a system that prioritizes control over personal safety, especially in a city where violent crime has surged in recent years, fueled by bail reforms and lenient prosecutions. Powerful interests in Albany benefit from keeping citizens disarmed and dependent, while the streets grow more dangerous for the average New Yorker.
And it’s only going to get worse under Mayor Zohran Mamdani.
