Man accused of shooting would-be robber gets $50K bail on weapons charges
NEW YORK - The man who authorities say shot and killed a would-be mugger in Queens earlier this week has been arraigned in criminal court on more than two dozen charges for allegedly stockpiling illegal firearms.
Prosecutors say Charles Foehner, 65, not only did not have a permit for the .38-caliber Smith and Wesson revolver he used to shoot and kill ex-con Cody Gonzalez, but that he also did not have permits for most of an arsenal of weapons found in his apartment, including AK-47s and body armor.
In court, the judge firmly expressed his concern about the number of illegal weapons and body armor found in Foehner's apartment, and doubled his cash bail to $50,000, instead of the $25,000 sought by prosecutors.
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Surveillance video from Foehner's apartment building allegedly shows Gonzalez confronting Foehner at about 2:00 in the morning on Wednesday. Foehner backs up while talking to Gonzalez and then holds up his gun. Gonzalez then pulls out an object and lunges at Foehner who shoots him multiple times unloading his revolver.
Foehner then called 911 and stayed at the scene.
The object Gonzalez waved at Foehner turned out to be a pen.
Building superintendent defends Foehner
FOX 5 New York spoke with the superintendent of Foehner's building, who defended his actions.
"He didn't want any problems. He was just trying to go inside, just trying to go back to his house and relax it. It's a hard situation because anyone with that same predicament could say they wouldn't have done what he did or they would have said, you know, a different option, but you never know until you're there. And he was backed into a corner. He had no other choice. He waited until the last possible second to do anything. And I just feel like that that should count for something. He wasn't trying to harm anyone. He was just trying to go about his day," the superintendent told FOX 5 New York's Raegan Medgie.
It does not appear that Foehner will face any charges related to Gonzalez's death.