A 65-year-old man who was the victim of an attempted early morning mugging in Queens is facing more than two dozen additional charges after he allegedly shot and killed his attacker — but the slew of charges are not directly related to the deadly shooting.
Investigators previously revealed that Charles Foehner had a license for a shotgun and a rifle, but not for the pistol he fired, and he did not have a concealed carry permit. A judge signed off on a search warrant of his home, which led to a discovery of more than two dozen unlicensed firearms.
Foehner faced a judge Thursday evening, charged with 25 counts of criminal weapon possession, according to police.
In a surprising turn, the judge recused herself in the middle of proceedings because of ties to the case. Those connections involve the search warrant that led to the discovery of the guns — and because Foehner is not facing any charges in relation to the shooting itself, the judge had ties to parts of the case not included in the charges.
Get Tri-state area news and weather forecasts to your inbox. Sign up for NBC New York newsletters.
The ordeal started overnight Wednesday in Kew Gardens, when a man shattered the front door of an apartment building on 82nd Avenue near Queens Boulevard. Witnesses said the man, identified by police as Cody Gonzalez, also damaged a call box in a building's foyer across the street. The door for that building was left in pieces, with the noise from the incident waking up tenants who lived there.
Police said that just minutes later, around 2 a.m., is when the deadly encounter occurred in a driveway by the building’s parking garage. Gonzalez allegedly tried to mug Foehner as he was walking back home.
Foehner said the man threatened him with a sharp object, so he responded by pulling out a gun he was carrying. Police told NBC New York that what Foehner thought was a weapon turned out to be a pen.
One person who lives nearby said they heard three gunshots. Gonzalez was shot and later died from his injuries, according to police.
Gonzalez’s aunt told NBC New York her 32-year old nephew suffered from a mental health condition, but he didn't deserve to die for the attempted mugging.
"He was never aggressive with people. He truly didn’t deserve to go that way. It was devastating to us," said Iris Gonzalez. "He didn't have to shoot him."
The aunt believes Gonzalez was off his medication when he tried to smash his way into the two apartment buildings. But other relatives said they understood Foehner's actions given the situation.
"If he tried to rob him, the guy’s only defending himself. You can’t blame him for defending himself," Gonzalez's cousin, Anthony Aguilar, told the New York Daily News.
"We don’t fault the shooter. We all feel that Cody should had been in a psych facility. If anything, the state failed him," said another cousin, Stephan Gonzalez.
Police said Foehner has no criminal history. His wife did not wish to speak to reporters as she left court Thursday night. Foehner's next arraignment hearing is scheduled for Friday.
