Queens man who police say killed alleged attacker arraigned for stockpiling illegal guns

A man who officials say shot and killed an alleged mugger in Queens was arraigned in criminal court Friday morning on more than two dozen charges for stockpiling illegal guns.

The NYPD said they found a total of 32 guns in Charles Foehner’s Kew Gardens apartment, some of which were licensed, according to police, but many of which were not. The collection included three semi-automatic assault rifles, eight semi-automatic pistols, several shotguns, revolvers, live cartridges of ammunition, body armor vests and 152 large capacity ammunition feeding devices, according to the criminal complaint, released Friday by the Queens district attorney's office.

Foehner, 65, was also charged for possessing and firing the .38 caliber revolver that killed alleged mugger Cody Gonzalez, who police say approached Foehner in his building’s parking lot around 2 a.m. Wednesday with a sharp object and asked for cash and cigarettes.

Foehner has not been charged with Gonzalez’ death.

Surveillance footage obtained by PIX 11 shows the two men appearing to exchange words in the dark parking lot as Gonzalez bobs and weaves towards Foehner, who backs up towards the building’s garage.

Moments later, off camera, Foehner fires his gun at Gonzalez. He was struck several times in the chest, and died at the scene, according to police.

“He had the gun in his hand, gave him ample time to retreat, go the other way, and the guy was just not budging,” the superintendent of the building where Foehner lives told Gothamist after viewing the surveillance video. He did not want to provide his name due to the ongoing investigation. “The guy ran the other way, and he collapsed in the middle of our driveway.”

In August 2020, Foehner was quoted in a New York Post story about poor conditions at a nearby hotel, voicing fears over rising crime in his neighborhood.

“Six weeks ago two people got shot, and not even a week ago they came by — and I don’t know if it’s auto or semi-auto or full-auto fire, I don’t know — but someone shot at the hotel,” Foehner said at the time. “This is not how I want my neighborhood.”

A family member of the shooting victim said he faced significant mental health challenges that got worse when his adopted mother died a few years ago.

"Once he got old enough to where he could make his own decisions, he decided he didn't want to take those pills anymore every now and again,” said Anthony Aguilar, Gonzalez's cousin. “And he wound up moving away, and when he moved away we didn't really have much contact with him."

Aguilar said he last saw Gonzalez more than a year ago, when he came by asking for some loose change and bread for sandwiches. He said he wishes Foehner had acted differently despite the perceived threat against him.

“He could have maybe shot somewhere close to him to prove that ‘Ok, look I have my gun, I’m gonna use it.’ There was other ways to go around it,” Aguilar said.

Aguilar was not sure exactly what kind of medication Gonzalez had been taking for his mental health issues, but said it had been provided by the city. He said he was frustrated that no one from the city ever came to follow up with his cousin.

“Even if it’s just a little check-up, or for them to schedule a little meeting for him to show up to somewhere like once a week or something – but nothing. None of that stuff was happening.”

Police said Foehner himself called 911. He was taken into custody and questioned as a person of interest before being charged.

Foehner’s superintendent said the shooting left him rattled. He described Foehner as a “great, upbeat guy” who was always friendly and didn’t cause problems. Police said he has never been arrested before.

Queens District Attorney Melinda Katz said in a statement that the weapons charges against Foehner are “factually supported by the evidence.”

Foehner is due back in court June 5. His lawyer was not immediately reachable for comment.

This story has been updated with additional information.