65-Year-Old May Face Charges for Fatally Shooting Suspected Robber in New York: Police

65-Year-Old May Face Charges for Fatally Shooting Suspected Robber in New York: Police
Police tape blocks a street in New York City. (The Epoch Times)
Katabella Roberts
6/1/2023
Updated:
6/1/2023
0:00

An older man who fatally shot a 32-year-old male who attempted to rob him in New York City on May 31 may face charges, officials have confirmed.

The incident took place at about 2 a.m. near Queens Criminal Court in Kew Gardens, a New York City Police Department (NYPD) spokesperson confirmed to The Epoch Times.

Charles Foehner, 65, was reportedly approached by the suspect, identified as Cody Gonzalez, who had an unidentified “sharp object” in his hand and asked Foehner for money and cigarettes before attempting to rob him.

In response, Foehner pulled out a handgun he was carrying and shot Gonzalez multiple times, officials said.

He then contacted law enforcement to inform them that he had been involved in a shooting and voluntarily surrendered to responding officers.

Gonzalez, who had a criminal history involving 15 arrests for crimes including robbery, burglary, and drugs, was pronounced dead at the scene.

An NYPD spokesperson said an investigation into the incident is still ongoing but the Queens County District Attorney’s Office is considering what, if any, charges Foehner may face.

The district attorney’s office is expected to announce on June 1 whether there will be any charges against Foehner, the spokesperson added.

Video Footage

According to the New York Daily News, Foehner was walking up a driveway leading to an entrance to his apartment building when he was confronted by Gonzalez. Gonzalez was holding what turned out to be a pen, but Foehner believed it was a knife.

The superintendent of the building in which Foehner lived told the publication that Foehner was “minding his own business” before the incident took place.

“I can tell you he didn’t want to do that,” the superintendent said, adding that he had viewed surveillance video of the shooting. “I can tell you he wasn’t looking for trouble. He was trying to go about his day,” he added.

The New York Daily News reported that Foehner has a gun permit but not for the revolver used in the shooting.

CCTV video footage obtained by WPIX TV shows a man, reportedly Gonzalez, approaching another man, allegedly Foehner, in a dimly lit ally. The older man in the footage can be seen walking backward away from the other male who continuously tries to approach him and appears erratic in his behavior.
The shooting reportedly occurred off-camera.

Crime Rates in New York

Queens District Attorney Melinda Katz visited the scene on May 31 and told WPIX that officials are still investigating the incident.

“Every case is complicated; it’s a complicated case, and we’re going to review the evidence,” Katz said.

The latest incident comes after the NYPD reported that violent crimes including shootings, murders, robberies, and burglaries declined in April, with the city seeing a 31.4 percent drop in shooting incidents year-over-year.

Those declines extend the 25.4 percent decrease in shooting incidents citywide through the first four months of 2023 compared to the same period last year, according to police, resulting in 112 fewer people being shot this year compared to last year.

Homicides were also down nearly 6 percent in April, according to police, and robberies dropped by 3.8 percent.

However, officials noted that overall crime saw an uptick in April compared to the same period last year, rising by 3.8 percent and driven by a rise in felony assaults, auto theft, and grand larceny.

“Our pledge to all of those we serve—in every neighborhood and across every borough—is that we will keep stepping forward to not only drive down crime and disorder but to ensure that people have confidence in the city’s public safety landscape. We know that people must not only be safe, but must feel safe as well,” said Police Commissioner Keechant L. Sewell in a statement.

“More work certainly lies ahead. But the NYPD remains dedicated to leveraging all facets of the department to ensure the most efficient and effective community outreach, youth engagement, and focused public safety deployment,” Sewell added.