A senior citizen from Queens has been sentenced to four years in prison after admitting to possessing an unlicensed revolver, following a fatal encounter with a would-be robber near his Kew Gardens home. Charles Foehner, 67, pleaded guilty to criminal weapons possession, avoiding prosecution for the killing of Cody Gonzalez, who charged at him late at night. Despite claiming self-defense, Foehner was charged with multiple weapons offenses for the unlicensed handgun and other illicit firearms found in his home.
Foehner’s attorney, Thomas Kenniff, criticized the city’s gun laws as “draconian,” stating that they put law-abiding citizens like Foehner in an impossible position. Kenniff argued that if gun laws were more lenient, Foehner would be considered a hero rather than facing a prison sentence. He highlighted the challenges faced by individuals seeking permits to carry firearms in New York City and Albany, suggesting that the current laws impede on constitutional rights.
Following the incident, security footage revealed Gonzalez charging at Foehner despite the senior citizen pulling out a gun in self-defense. Despite facing a potential 25-year sentence, Foehner opted for a plea deal, which will see him sentenced to four years in prison. However, he will remain free until his sentencing date in January, allowing him to celebrate Christmas with his wife.
While the Queens District Attorney’s office sought to have Foehner remanded before sentencing, Judge Toni Cimino granted him the opportunity to spend the holidays with his family. Kenniff expressed gratitude towards the judge for allowing Foehner to enjoy this time before beginning his sentence. The case sheds light on the complexities of gun laws in New York City and the challenges faced by individuals seeking to protect themselves in a high-crime environment.
