NEW YORK (PIX11) — New charges have been filed against a Queens man who police say shot and killed an alleged robber in Kew Gardens early Wednesday morning.
Charles Foehner, 65, is now charged with more than two dozen counts of criminal possession of a weapon after police searched his house and found dozens of illegal weapons and ammunition. Foehner has a license to own a few of those guns but did not have a permit for the gun used in the fatal shooting.
Foehner was arraigned on Thursday night, but it was cut short because the judge recused herself due to her personal connection to the case. He will be arraigned again on Friday.
He is currently not facing murder charges after shooting 32-year-old of Cody Gonzalez who is seen pursuing Foehner on surveillance video as Foehner backs away from Gonazalez.
Foehner fired his gun four or five times in a driveway located at 123-20 82nd Avenue around 2:03 a.m. according to the NYPD. He told police the alleged robber demanded cash and cigarettes from him and had a sharp object, but a pen was discovered in the victim’s hand, a police source told PIX11 News.
First responders pronounced Gonzalez dead at the scene.
Prior to the shooting, Gonzalez allegedly went on a rampage in the area by smashing an intercom, windows, and doors, apparently trying to break into several buildings according to sources.
If convicted, Foehner could spend up to 25 years in jail, but his claims of self-defense are being investigated.