KEW GARDENS, Queens (WABC) — A man from Queens who shot and killed a suspect who was trying to rob him has been charged with 25 counts of criminal possession of a weapon, according to police.
The 65-year-old alleged gunman, Charles Foehner, was walking to a parking garage when the robbery suspect demanded money.
Investigators say Foehner, a retired doorman, claims he shot a would-be mugger to death after the assailant lunged at him with a sharp object at 2 a.m. on Wednesday.
On Thursday, investigators revealed that the robbery suspect was not armed when he was killed.
Foehner said nothing to reporters as he was led from the 102nd Precinct in handcuffs late Thursday afternoon after Queens prosecutors filed weapons charges including, criminal possession of a weapon and criminal possession of a firearm.
Police then confirmed later in the evening that Foehner was charged with 25 counts of criminal possession of a weapon, but not charged for the fatal shooting.
It comes after a search warrant recovered more than two dozen firearms, which included pistols, shotguns, rifles, three assault rifles, an AK47, 153 loaded high-capacity magazines and two body armor vests. Foehner has a license for five rifles.
Prosecutors say Foehner admitted to detectives that he pulled the gun out of his pocket, it didn’t go off accidentally, he pulled the trigger and emptied the revolver.
According to prosecutors, Foehner said he was carrying a firearm on Wednesday because of the crime in the city and that he’s had the weapon since the 1990s after obtaining it in a bar one night.
The retired doorman allegedly told detectives he collects the firearms as a hobby.
Foehner was being arraigned on Thursday night, but in a bizarre twist, the judge recused herself in the middle of the proceedings and adjourned the arraignment for Friday.
The judge signed off on the search warrant related to the shooting, but since he’s not being charged with the shooting itself, the judge is now connected to aspects of this case that are not with the scope of the charges.
The shooting happened in a driveway outside Foehner’s apartment building where a surveillance camera captured the confrontation.
The video shows Foehner backing down the driveway as the assailant closed in on him. Foehner draws his gun, and the assailant keeps on coming. The shots were fired from a distance of about eight feet.
He remained on the scene and called 911. He was charged Thursday afternoon after more than 24 hours in police custody
Foehner lives in a building in the Kew Gardens section of Quen with his wife. His neighbors have expressed support for him.
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Angel Rodriguez lives just down the hall.
“Very friendly, respectful. I’ve never seen anything from him that would indicate malice,” Rodriguez said. “So, my interactions with him have always been pleasant. Nice guy. Family guy.”
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