Queens man pleads guilty to shooting mugger and faces a sentence of four years.
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Queens man pleads guilty to shooting mugger and faces a sentence of four years.

A 67-year-old man from Queens, Charles Foehner, has pleaded guilty to charges related to a fatal shooting that occurred during an attempted robbery two years prior. The incident, which transpired in Kew Gardens, New York, led to the death of 29-year-old Cody Gonzalez, who was attempting to rob Foehner while armed with an object initially perceived as a weapon.

In a court appearance on Thursday, Foehner accepted a plea deal that would result in a four-year prison sentence for criminal possession of a weapon in the second degree. This resolution came after he faced the prospect of a 25-year sentence had he proceeded to trial. His attorney, Thomas Kenniff, expressed relief that Foehner had avoided the harsher penalty but acknowledged the complexities of the case.

The confrontation occurred around 2 a.m. on May 31, 2023, when Gonzalez allegedly approached Foehner outside his apartment, brandishing a sharp object later identified as a pen. Foehner responded by discharging his firearm multiple times, ultimately killing Gonzalez. After the shooting, Foehner called 911 and admitted to firing his weapon, stating clearly that he had intentionally pulled the trigger.

Subsequent investigations revealed that Foehner possessed an extensive collection of unlicensed firearms in his residence, exacerbating the legal ramifications he faced. Initially arrested for homicide, he was later charged with 25 counts of illegal weapons possession, resulting in a bail requirement of ,000, which he subsequently posted.

Foehner’s actions were reportedly motivated by his fears of escalating street crime, a concern amplified by recent discussions surrounding changes to New York’s bail laws. Throughout the process, Kenniff has advocated for Foehner, describing him as a law-abiding citizen who was compelled to protect himself in a dangerous situation.

At the arraignment, Judge Jerry Iannece conveyed serious concerns about the implications of possessing an unlicensed firearm in the city, noting the ongoing epidemic of gun violence. While Foehner’s actions in the face of an alleged crime were characterized by his defense as self-defense, the legal system has mandated accountability for the possession of illicit weapons.

The case has attracted media attention not just for its tragic circumstances but also for the broader conversations it incites regarding self-defense laws, gun violence, and the struggles of individuals seeking to protect themselves in urban environments. Foehner, who had no prior criminal record, now faces the consequences of a tragic encounter that intertwined fear and the harsh realities of the law in New York City.

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