Charles Foehner was backed into a corner. And now, after defending himself, the 65-year-old man has been arrested and could face murder charges.
The 65-year-old man faces charges of second-degree criminal possession of a weapon and criminal possession of a firearm, a representative of the Queens District Attorney’s Office said, according to WABC-TV.
Police said the incident took place at about 2 a.m. in the Kew Gardens neighborhood of Queens.
The New York Post summarized the video by saying it “captures the alleged robber swaying back and forth, appearing to taunt Foehner, before charging at the 65-year-old, who pulls a gun and opens fire.“
According to WABC, the video shows that the confrontation began when the men were 40 feet apart. When they were 20 feet apart, after trying to wave off his attacker, Foehner pulled a gun. WABC estimated the attacker had closed to within eight feet of Foehner when Foehner fired.
Charles Foehner, 65, who shot dead a would-be robber in Kew Gardens early this morning, will not be charged for a homicide but will be charged with illegal use of a firearm.
Police said Foehner had a gun permit, but it was not for the revolver. The shooter has no criminal… pic.twitter.com/b1nBWvw0RB
— Crime in NYC (@CrimeInNYC) May 31, 2023
After the incident, Foehner called 911 to report it, advised police he had a gun, and cooperated once police arrived.
Should Charles Foehner be set free?
Yes: 98% (48 Votes)
No: 2% (1 Votes)
The 32-year-old Foehner shot had a record of prior arrests for robbery, burglary, drug possession, and other charges and was linked to vandalism that took place shortly before the shooting.
Foehner’s neighbors defended him.
“He was protecting himself. So how can I blame him? You know, unfortunately, the guy had to lose his life. I don’t wish that on anybody. But this is the circumstances when you randomly just rob people. You never know what you’re going to get,” Vercelle Evans said.
“If video shows that, you know, he was acting [in] self-defense and the guy was actually trying to harm him, then I you know, I believe we should be able to protect ourselves,” Angel Rodriguez said.
Foehner faces the weapons charges because although he has a gun permit, it is not for the one used in the shooting.
The office of the Queens DA will review the case to determine if the case will go to a grand jury and whether Foehner will face murder charges.
“This is a complicated case and we’re going to review the evidence,” Queens District Attorney Melinda Katz said.
“I can tell you he didn’t want to do that,” he said.
“I can tell you he wasn’t looking for trouble. He was trying to go about his day.”
The gunman “turned around before [the mugger] got any closer and backed up the entire way, telling him to leave,” the super said.
John said Foehner “showed amazing restraint. He doesn’t deserve to be in jail.”