Man Who Survives Attempted Assault Faces Dozens of Weapon Possession Charges After Fatally Shooting Attacker

NEW YORK — A 65-year-old man who was the victim of an attempted assault in Queens faces more than two dozen additional charges after he allegedly shot and killed his alleged attacker, but the myriad of charges are not directly related to the deadly shooting

Investigators previously revealed that Charles Foehner had a license for a shotgun and rifle, but not the pistol he fired, and did not have a concealed carry permit. A judge signed a search warrant for his home, which led to the discovery of more than two dozen unlicensed firearms.

Foehner faced a judge Thursday night charged with 25 counts of criminal weapons possession, according to police.

In a surprising twist, the judge recused himself mid-trial over ties to the case. Those connections involve the search warrant that led to the discovery of the weapons, and because Foehner is not facing any charges in connection with the shooting itself, the judge had ties to parts of the case not included in the charges.

The ordeal began Wednesday night in Kew Gardens, when a man smashed through the front door of an apartment building on 82nd Avenue near Queens Boulevard. Witnesses said the man, identified by police as Cody Gonzalez, also damaged a phone booth in the lobby of a building across the street. The door of that building was smashed, and the noise from the incident woke up the tenants who lived there.

Police said that just minutes later, around 2:00 a.m., the deadly encounter occurred in a driveway to the building’s parking lot. Gonzalez allegedly tried to mug Foehner as he was walking home.

Foehner said the man threatened him with a sharp object, so he responded by pulling out a gun he was carrying. Police told NBC New York that what Foehner thought was a weapon turned out to be a pen.

A person who lives nearby said they heard three shots. González was shot and later died from his wounds, according to police.

Gonzalez’s aunt told NBC New York that her 32-year-old nephew was mentally ill but did not deserve to die from the attempted assault.

“He was never aggressive with people. He really didn’t deserve to go that way. It was devastating for us,” Iris Gonzalez said. “He didn’t have to shoot her.”

The aunt believes that Gonzalez was not taking his medication when he tried to force his way into the two apartment buildings. But other family members said they understood Foehner’s actions given the situation.

“If he tried to steal it, the guy is just defending himself. You can’t blame him for defending himself,” Gonzalez’s cousin, Anthony Aguilar, told the New York Daily News.

“We don’t blame the shooter. We all feel like Cody should have been in a mental facility. In any case, the state failed him,” said another cousin, Stephan González.

Police said Foehner has no criminal record. His wife did not want to speak to reporters when she left court Thursday night. Foehner’s next arraignment hearing is scheduled for Friday.