The Blaze wrote Monday that surveillance video shows a man purported to be Gonzalez, "staggering toward Foehner." Allegedly he approached him demanding cash and cigarettes.
The outlet reported that Gonzalez allegedly held a pen in his hand that Foehner believed was a knife. After warning him repeatedly Foehner shot the man after Gonzalez "lunged at him."65 yr old Queens man shoots mugger. This happened 3-4 days ago. The old mans name is Charles Foehner, the mugger Cody Gonzalez & the DA is Melinda Katz. pic.twitter.com/ShR2sBBztN
— Vicious Videos (@ViciousVideos) June 4, 2023
Foehner's assailant had a history of mental illness and a record with 15 arrests at a minimum going back to 2004. He told investigators, "Last night I was carrying a firearm because of the way the city has been for the last three years." He added, "I read the crime stats and I see so much crime. I had the pistol. I obtained it in a bar one night.”
During the course of the investigation, NYPD searched Foehner's home and found over twenty firearms. The possession of which, under the city's draconian gun laws, carries severe penalties.
Assistant New York District Attorney Joseph Randazzo said officers found, "approximately 26 firearms, including pistols, shotguns, rifles, an AK 47, two body armor vests and multiple rounds of ammunition." The retired doorman holds licenses for five rifles but not for handguns, including the one used in the defensive shooting.
Despite Foehner's well-founded concerns and his rights under the Second Amendment of the U.S. Constitution, Judge Jerry Iannece of Queens Criminal Court was unmoved saying, "The defendant was on the street with a loaded, unlicensed gun. There are too many shootings in this city! The court is quite concerned with what we see," according to ABC7. Deciding to double Foehner's bail, the judge added, "What is concerning to the court is the large arsenal of weaponry found in his apartment… in the city of New York, where there are many, way too many shootings."
His defense attorney Margaret Lin plead with the judge that her client is not a flight risk, living "steps away" from the court and working as a deli employee nearby.
"This incident is a total aberration in his life," Lin told the judge. "He is the one who called the police immediately after the robbery, where he is the victim."
However, Lin's pleas were to no avail. According to The New York Post, the 65-year-old man faces up to 25 years in prison, effectively a life sentence for the 65-year-old for illegal possession of firearms charges.
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