67-Year-Old with No Criminal Record Receives Prison Time Following High-Profile Case
Queens District Attorney Melinda Katz successfully prosecuted Charles Foehner, a 67-year-old resident with no prior arrests, securing a four-year prison sentence after he fatally shot Cody Gonzalez, a man with a criminal record of 15 prior arrests, during an attempted robbery near Foehner’s home.
The incident occurred on May 31, 2023, outside Foehner’s residence in Kew Gardens when Gonzalez aggressively approached Foehner brandishing a pointed object later identified as a pen, demanding cash and cigarettes.
After the shooting, Foehner promptly called 911 and confessed to shooting the assailant intentionally. Authorities found Foehner’s firearm was unregistered, along with a cache of other unlicensed weapons at his home.
Foehner faced multiple weapon possession charges, but avoided homicide charges due to his self-defense claim.
Despite no prior criminal history, Foehner pleaded guilty to criminal possession of a weapon in the second degree and accepted a plea deal with a four-year prison sentence effective January 14, 2026.
His attorney criticized New York City’s stringent gun laws as “draconian,” arguing that Foehner acted heroically to protect himself amid rising crime and challenged the fairness of his prosecution.
The presiding judge, Toni Cimino, allowed Foehner to remain free until sentencing to spend the holiday season with his wife, overruling the DA’s office request for pre-sentencing detention.
Foehner’s case sparked debate over self-defense rights and strict gun control laws in New York City.
The District Attorney’s office defended their prosecution approach, emphasizing the importance of upholding weapon possession laws regardless of circumstances.
