What began as a routine stop for cigarettes in the quiet hours before dawn spiraled into a legal saga that would ultimately land a New York retiree in prison.
While the fatal shooting that made headlines initially appeared to be the central issue, authorities say the real trouble lay elsewhere—hidden behind the doors of his own apartment.
Why the Prison Sentence Was Handed Down
Charles Foehner, now 67, reported to jail this week to begin serving a four-year prison term.
His punishment, however, has nothing to do with pulling the trigger during that deadly encounter in Queens.
Instead, it stems from a sweeping cache of illegal weapons prosecutors uncovered inside his home.
After pleading guilty to felony criminal possession of a weapon, Foehner was also handed five years of post-release supervision, extending the legal consequences well beyond his time behind bars.
The Shooting That Sparked the Investigation
The case traces back to the early hours of May 31, 2023, when Foehner was returning home around 2 a.m. after buying cigarettes.
Near the intersection of 82nd Avenue and Queens Boulevard in Kew Gardens, he was confronted by 32-year-old Cody Gonzalez.
Investigators say Gonzalez demanded a cigarette and Foehner’s phone before lunging toward him with what Foehner believed was a knife.
That object later turned out to be a pen.
Carrying a revolver, Foehner fired a single shot that fatally struck Gonzalez.
The entire incident was captured on nearby surveillance cameras. Foehner immediately called 911 and cooperated fully with police.
After reviewing the evidence, Queens District Attorney Melinda Katz exercised prosecutorial discretion and declined to file charges related to the shooting, concluding it did not warrant criminal prosecution.
When the Case Took a Sharp Turn
The situation shifted dramatically once homicide detectives executed a court-authorized search warrant at Foehner’s Queens apartment.
What they found, according to prosecutors, was far from ordinary.
Inside the residence, officers discovered 26 unlicensed and unregistered firearms, more than 13,000 rounds of ammunition, 152 large-capacity feeding devices—10 of them already loaded—and two bulletproof vests.
Four of the guns were classified as assault weapons, and nearly all were fully operational.
District Attorney Katz did not mince words, describing the discovery as an “arsenal” that posed a serious risk to public safety.
Inside the Weapons Cache
The seized collection included Glock pistols, Smith & Wesson revolvers, Mossberg shotguns, Norinco rifles, and a semi-automatic assault rifle.
Prosecutors stressed that this was not a harmless assortment of antiques or disabled firearms, but a significant stockpile in clear violation of New York’s strict gun laws.
Authorities later noted that Foehner held licenses for only a small fraction of the weapons recovered.
Arrest, Guilty Plea, and Sentencing
Foehner was arrested the day after the shooting and eventually pleaded guilty on November 20 to second-degree criminal possession of a weapon, a felony offense.
On Wednesday, Justice Cimino formally sentenced him to four years in prison.
He has been remanded to the Eric M. Taylor Center, where he will remain before serving the remainder of his sentence in state custody.
The case was prosecuted by Assistant District Attorney Samuel Pellegrino under the supervision of the Queens District Attorney’s Career Criminals and Major Crimes Bureau.
Foehner’s Own Reflections on That Night
A retired doorman who later relocated to Pennsylvania, Foehner has acknowledged the gravity of the situation while maintaining that he acted in self-defense during the confrontation.
“He kept coming closer and clearly he was going to attack me,” he told the New York Post late last year.
“I didn’t want to hurt anyone. He left me no choice.”
Reflecting on the outcome, he added, “Whatever the circumstances are, a guy is dead because of me.
Maybe I should have taken the beating, but who knows where the beating stops.”
Foehner also described himself as a lifelong gun enthusiast and a “doomsday prepper,” saying he had collected firearms over decades.
The Line Between Self-Defense and Illegal Possession
Prosecutors emphasized that while Foehner was spared charges for the fatal shooting, the scale of the illegal weapons found in his home could not be overlooked.
While investigating the May 2023 incident, Katz said, authorities uncovered 26 unlicensed and unregistered firearms—four of them assault weapons—with nearly all fully operational.
That distinction between a justified use of force and unlawful gun possession ultimately sealed Foehner’s fate.
What Comes Next?
With his prison term now underway and years of supervision ahead, the case serves as a stark reminder of how quickly a lawful self-defense ruling can coexist with serious criminal consequences when illegal weapons enter the picture.
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