NEW YORK – Local residents are quickly defending a New York City man who was backed into a corner and fatally shot his attacker in self-defense. The man was arrested and could face murder charges, reported The Western Journal.
The armed citizen was identified as 65-year-old Charles Foehner from Queens. He has been charged after he shot and killed another person who was trying to rob him, according to authorities.
Officials say the shooting transpired about 2:00 a.m. Wednesday in a driveway on 82nd Avenue in Kew Gardens, which is in Queens. The 32-year-old assailant was armed with a sharp object and attempted to rob Foehner of money and cigarettes, ABC 7 New York reported.
Foehner pulled out a sliver handgun and fatally shot his attacker as many as five times. The would-be robbery victim now faces charges of second-degree criminal possession of a weapon and criminal possession of a firearm, according to a representative from the Queens District Attorney’s Office.
Prosecutors are reviewing the case to determine if more serious charges will be filed.
Surveillance video of the encounter viewed by ABC 7 reporters shows the confrontation began when the men were 40 feet apart. When they were 20 feet apart, after trying to wave off his attacker, Foehner drew his weapon. The news outlet estimated the attacker had closed to within eight feet of Foehner before he fired.
In a summary of the video by the New York Post, they said 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.“
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 (@Crime_In_NYC) May 31, 2023
Following the shooting, Foehner called 911 to report the encounter, and told police he was armed. Once officers arrived on scene, he cooperated with the investigation.
The attacker was pronounced dead at the scene. He was holding a pen in his right hand when he was shot.
The deceased 32-year-old assailant had prior arrests for robbery, burglary, drug possession, and other charges. He was also linked to some unspecified vandalism that occurred just prior to the shooting, according to The Western Journal.
Several of Foehner’s neighbors told ABC 7 they are sympathetic to the man’s circumstances.
“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,” neighbor Vercelle Evans said.
Another local resident, Angel Rodriguez, 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.”
The building’s superintendent where the shooting occurred was identified by the Daily News as John. He said Foehner was not the kind of person who was seeking a confrontation.
“I can tell you he didn’t want to do that,” John declared. “I can tell you he wasn’t looking for trouble. He was trying to go about his day.”
Foehner “turned around before [the mugger] got any closer and backed up the entire way, telling him to leave,” said John.
Moreover, the building superintendent said Foehner “showed amazing restraint. He doesn’t deserve to be in jail.”
Although Foehner has a gun permit, he faces the paltry weapons charge since he used a different firearm than the one specified on the license.
Queens District Attorney Melinda Katz said her office will review the case to determine if it will be presented to a grand jury with Foehner potentially facing murder charges.
“This is a complicated case and we’re going to review the evidence,” Katz said.
