Queens Senior Begins 4-Year Sentence on Gun Charges After Justified Self-Defense Shooting

A 67-year-old retired doorman will begin serving a four-year prison sentence on January 14 following a Queens case that stemmed from a fatal self-defense shooting but ultimately resulted in criminal weapons possession charges, as reported by The New York Post.

Charles Foehner, a longtime New York City resident who later relocated to Pennsylvania, pleaded guilty to owning unlicensed firearms after a May 2023 incident in the Kew Gardens neighborhood of Queens.

Although prosecutors determined the shooting itself was justified, the Queens District Attorney’s Office pursued charges related to firearms found in his possession.

https://t.co/BwkLdYZ3M4 This is truly sickening and of course from Crime Free Democrat New York

— Bob Swick (@SwickSpeak) December 18, 2025

According to court records and statements from authorities, the case originated in the early morning hours of May 2023, when Foehner went out to purchase cigarettes.

Crime in the area had increased following the opening of a now-closed hotel in 2017.

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Foehner had previously complained publicly about conditions in the neighborhood, telling the New York Post in 2020, “This isn’t our nice little neighborhood anymore,” while describing open drug activity.

On the night of the incident, Foehner encountered Cody Gonzalez outside his building. Gonzalez, who had a criminal record dating back to 2004 and a documented history of mental illness, demanded a cigarette and Foehner’s phone. Surveillance footage captured the encounter.

“He kept coming closer, and clearly he was going to attack me,” Foehner said. He stated that he pointed his firearm at the ground, but Gonzalez continued approaching and motioned toward Foehner’s neck with an object. Foehner fired, killing Gonzalez.

“I didn’t want to hurt anyone. He left me no choice,” Foehner said.

New York is a joke. So two years ago Charles Foehner, 67, shot and killed a man attempting to rob him. Officials deemed it justified as he was defending himself and Foehner was cleared.

Now… New York just sentenced him to FOUR YEARS IN PRISON because… the gun was unlicensed.… pic.twitter.com/lGLA5SqASO

— Robbie Harvey (@therobbieharvey) November 20, 2025

Foehner immediately called 911 and cooperated with police. Prosecutors did not charge him in Gonzalez’s death, ruling the shooting justified.

However, a subsequent search revealed that Foehner owned approximately 26 firearms, only a few of which were licensed under New York law.

“Until that night, I never pointed a gun at anybody. I never had to. I’m not a gun bully…I don’t want power over anyone,” Foehner said. “I believe in the social contract.”

Queens District Attorney Melinda Katz’s office charged Foehner with criminal weapons possession. Facing the possibility of a lengthy prison sentence if convicted at trial, Foehner accepted a plea deal resulting in a four-year sentence.

Foehner’s attorney, Thomas Kenniff, who has also represented Daniel Penny, cited New York’s firearms laws as a central issue in the case.

Kenniff said those laws make it difficult for otherwise law-abiding citizens to legally possess firearms for self-defense.

The sentencing judge declined a request from prosecutors to remand Foehner to Rikers Island immediately and allowed him to remain free through the Thanksgiving and Christmas holidays.

As he prepares to report to prison, Foehner has expressed uncertainty about his future.

“I don’t know if he’s going to be here in three, four years when I get out,” he said, referring to friends and loved ones. “I might not come out.”

Foehner said he does not know where he will serve his sentence, but has begun preparing mentally for incarceration.

“Survive,” he said, when asked about his goal. He also said he has considered learning a trade or tutoring while incarcerated.

Foehner’s wife, Jenny Foehner-Speed, said the situation has been difficult for the family. “We’re just sad and devastated,” she said. “It’s hard to grasp.”

While incarcerated, Foehner’s Social Security benefits will be suspended. His wife was recently laid off from her job, and the couple has relied on fundraising to cover legal expenses.

Despite maintaining that the shooting was unavoidable, Foehner said he continues to struggle with the outcome. “Whatever the circumstances are, a guy is dead because of me,” he said.

“Maybe I should have taken the beating [that night], but who knows where the beating stops.”

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