NYPD: Queens man who shot and killed alleged attacker stockpiled dozens of illegal guns

A man accused of shooting and killing an alleged mugger in Queens is facing more than two dozen charges for stockpiling illegal guns, police said Friday.

The NYPD found a total of 32 guns in Charles Foehner’s Kew Gardens apartment, some of which were licensed, according to police, but many of which were not. A department official said they were mostly long guns, such as rifles. His arraignment on 26 counts of criminal weapons possession is pending in Queens Criminal Court. Queens District Attorney Melinda Katz’s office has not returned multiple requests for comment.

Foehner, 65, was returning home to his building on 82nd Ave around 2 a.m. Wednesday morning when officials said he was approached by 32-year-old Cody Gonzalez. Police said Gonzalez was wielding a sharp object and demanding cash and cigarettes. Moments later, Foehner allegedly fired several rounds at Gonzalez, striking him in the chest and killing him at the scene.

Surveillance footage obtained by PIX 11 shows the two men appearing to exchange words as Gonzalez bobs and weaves towards Foehner, who backs up towards the building’s garage.

Moments later, off camera, Foehner fires his gun at Gonzalez.

“He had the gun in his hand, gave him ample time to retreat, go the other way, and the guy was just not budging,” the superintendent of the building where Foehner lives told Gothamist after viewing the surveillance video. He did not want to provide his name due to the ongoing investigation. “The guy ran the other way, and he collapsed in the middle of our driveway.”

In August 2020, Foehner was quoted in a New York Post story about poor conditions at a nearby hotel, voicing fears over rising crime in his neighborhood.

“Six weeks ago two people got shot, and not even a week ago they came by — and I don’t know if it’s auto or semi-auto or full-auto fire, I don’t know — but someone shot at the hotel,” Foehner said at the time. “This is not how I want my neighborhood.”

A family member of the shooting victim said he faced significant mental health challenges that got worse when his adopted mother died a few years ago.

“Once he got old enough to where he could make his own decisions, he decided he didn’t want to take those pills anymore every now and again,” said Anthony Aguilar, Gonzalez’s cousin. “And he wound up moving away, and when he moved away we didn’t really have much contact with him.”

Aguilar said he last saw Gonzalez more than a year ago, when he came by asking for some loose change and bread for sandwiches. He said he wishes Foehner had acted differently despite the perceived threat against him.

“He could have maybe shot somewhere close to him to prove that ‘Ok, look I have my gun, I’m gonna use it.’ There was other ways to go around it,” Aguilar said.

Aguilar was not sure exactly what kind of medication Gonzalez had been taking for his mental health issues, but said it had been provided by the city. He said he was frustrated that no one from the city ever came to follow up with his cousin.

“Even if it’s just a little check-up, or for them to schedule a little meeting for him to show up to somewhere like once a week or something – but nothing. None of that stuff was happening.”

Police said Foehner himself called 911. He was taken into custody and questioned as a person of interest before being charged.

Foehner’s superintendent said the shooting left him rattled. He described Foehner as a “great, upbeat guy” who was always friendly and didn’t cause problems. Police said he has never been arrested before.

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