A Queens man who shot and killed a would-be mugger more than two years ago has been sentenced to four years in prison after he pleaded guilty on Thursday to possessing an unlicensed revolver in a case his attorney said shows New York City's "draconian" gun laws.
Charles Foehner, 67, admitted guilt in one count of criminal weapons possession in a plea deal, ending his case stemming from the 2022 shooting of Cody Gonzalez near Foehner's home, reports The New York Post.
Prosecutors declined to charge the retired doorman directly in Gonzalez's death after he told police he acted in self-defense when the man ran toward him late at night, holding what appeared to be a knife but was later identified as a pen.
Foehner faced multiple counts of illegal weapons possession after police found the revolver he used in the confrontation and additional unlicensed firearms inside his home.
His attorney, Thomas Kenniff, said outside Queens Supreme Court that Foehner accepted the plea to avoid a potential 25-year sentence if convicted at trial.
Kenniff criticized New York's firearms regulations, calling them "draconian" and saying that his client had been "put in an impossible position" by laws that make it difficult for residents to obtain gun permits.
"If this was a state and a city that had its affairs in order, Mr. Foehner would be getting a plaque, not a prison sentence," he told reporters.
Surveillance footage from the incident showed Gonzalez, who had a history of arrests and mental illness, continuing to charge at Foehner even after the older man drew his revolver.
Foehner told officers he carried the weapon because he feared rising crime in the city.
Under the plea agreement, Foehner is expected to receive a four-year prison sentence when he returns to court on Jan. 14.
Judge Toni Cimino allowed him to remain free until then so he can spend Christmas with his wife, overruling objections from the Queens district attorney's office, which sought to have him held at Rikers Island until sentencing.
Kenniff said he appreciated the judge's decision.
"We are grateful that Judge Toni Cimino agreed to let Charlie rejoice with his wife in the light of this Christmas season before he begins his sentence," he said.
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