A retired New York doorman, 65, faces numerous weapons charges after he was arrested for shooting a dead assailant who ‘rushed at him with a sharp object’ which turned out to be be a pen
- Cody Gonzalez made the assault attempt on Wednesday before being shot
- Shooter Charles Foehner faces 25 other weapons charges
- Judge Marty Lentz has now recused herself from the ‘complicated’ case
A 65-year-old Queen’s man charged with shooting and killing a man who attempted to assault him was arraigned on 25 other criminal charges not directly related to the shooting earlier today.
His bond was set at $50,000 by Judge Jerry Iannece, double the amount originally requested by the Queens District Attorney’s Office.
Retired doorman Charles Foehner was arrested in the early hours of Wednesday after a man, who attempted an assault with a sharp object that turned out to be a pen, was shot dead in Kew Gardens.
Witnesses says NBC a man, identified by police as Cody Gonzalez, broke down the front door of a building on 82nd Avenue near Queens Boulevard.
The man also damaged a phone box in the lobby of a building across the street.
Police say Gonzalez approached Foehner, holding a sharp object demanding money and cigarettes, attempting to steal it, although the sharp object turned out to be a pen.
Charles Foehner, 65, was arraigned Friday on 25 criminal charges
Foehner’s wife leaves court on Friday
Police said the confrontation escalated and Foehner pulled out a gun and shot Gonzalez.
Foehner called 911 and remained at the scene, but Gonzalez was later pronounced dead.
The shooter has a gun license for a shotgun and a rifle, but he doesn’t cover the gun used for the shot, nor does he have a concealed carry license.
A judge, who has since recused himself, signed a search warrant for Foehner’s home, which led to the discovery of more than two dozen unlicensed firearms.
On Thursday night, Foehner was charged with 25 counts of felony possession of a weapon, according to police.
Judge Marty Lentz recused herself Thursday night, telling the court that her prior knowledge of the “complicated” case would force her to prejudge the case, which would be unfair to the defendant, Fox 5 reported.
Foehner told prosecutors, “I took the gun out of my pocket. He didn’t leave accidentally. I pulled the trigger. I emptied the revolver.
Last night I was carrying a gun because of the crime in the city…I’ve had it since the 90s. Got it at a bar one night. The guns are mine and mine alone’ ABC 7 reported.
Gonzalez’s aunt told NBC New York that her 32-year-old nephew suffered from a mental health issue, but did not deserve to die for the attempted assault.
“He was never aggressive with people. He really didn’t deserve to go like this. It was devastating for us,” said Iris Gonzalez. “He didn’t need to shoot her.”
Security footage of the attempted assault shows the two men in confrontation
The incident happened outside an apartment building on 82nd Avenue near Queens Boulevard
Cody Gonzalez approached Foehner, holding a sharp object demanding money and cigarettes
Foehner is accused of shooting and killing a man who tried to assault him
Emergency services arrived at the scene but Gonzalez was later pronounced dead
However, other relatives of the deceased took a different tone.
“If he tried to steal it, the guy is just defending himself. You can’t blame him for standing up for himself,’ Gonzalez’s cousin, Anthony Aguilar, told the New York Daily News.
“We don’t blame the shooter. We all think Cody should have been in a mental institution. If anything, the state let him down,” said another cousin, Stephan Gonzalez.