Some people compared Daniel Penny, the heroic former Marine who stopped subway psycho Jordan Neely from hurting passengers to Bernie Goetz. But that’s not a very good comparison. Penny was protecting the women and older people whom Neely had a history of preying on from the deranged violent monster.

Goetz was determined not to be mugged again. That’s what appears to have happened in this case.

Surveillance footage obtained by The Post shows Charles Foehner, 65, being confronted by the 32-year-old man at around 2 a.m. Wednesday outside a parking garage on 82nd Avenue near Queens Boulevard in Kew Gardens.

The would-be robber, identified by police sources as Cody Gonzalez, can be seen cutting off Foehner, who was smoking a cigarette while on his way home.

Gonzalez, wearing a dark hoodie and jeans, backs off only briefly upon seeing Foehner’s silver revolver — before he starts swaying back and forth and making his way toward the older man. Foehner, meanwhile, can be seen backing up and slowly drawing his gun.

Despite having the revolver pointed directly at him at a nearly point-blank range, Gonzalez continues to weave around, clenching something in his right hand before he charges at Foehner, the video shows.

Both men were outside the camera’s field of vision when, police said, Foehner opened fire, shooting the wannabe crook multiple times in the chest.

The wounded crook appears back on camera following the shooting, and can be seen desperately running down the parking garage driveway before he collapses.

Law enforcement sources said Foehner then called 911, telling emergency responders he had been involved in a shooting and that his firearm was in his jacket pocket.

The slain robber — who had at least 15 arrests dating back to 2004 and a record of mental illness — died in the street, where a gun was recovered, cops said.

That should be an open-and-shut case, but this is New York City where everything is legal except self-defense and gun ownership.

Foehner was taken into custody for questioning following the deadly encounter. The Queens District Attorney’s Office is expected to charge him with criminal possession of a weapon and criminal possession of a firearm, a DA spokesperson said late Wednesday.

Sources said prosecutors are also mulling additional charges. DA Melinda Katz and the NYPD said Wednesday the case is under investigation.

Of course, they are.

Meanwhile, violent criminals assault people every day and the charges are dropped down to misdemeanors.

The pro-crime tilt of New York Dems, beginning with Gov. Hochul has turned the city into a free-for-all and people are just trying to defend themselves against the monsters that pro-crime Dems have set loose.

Foehner, who lives in the area where the shooting took place, spoke to The Post in 2020 about the steady uptick in crime in Queens.

“This isn’t our nice little neighborhood anymore,” Foehner said at the time of the rise in violent crime and homelessness. “People come down the block and key a car as they pass it. Drug deals are going on in the lobby.

“Six weeks ago two people got shot, and not even a week ago they came by — and I don’t know if it’s auto or semi-auto or full-auto fire, I don’t know — but someone shot at the hotel,” Foehner said. “This is not how I want my neighborhood.”

During police questioning, Foehner also cited the city’s crime as the reason why he was armed when confronted by Gonzalez, according to Queens Assistant District Attorney Joseph Randazzo.

“Last night I was carrying a firearm because of the way that the city has been in the last three years. I read the crime stats and I see so much crime,” Foehner reportedly told investigators.

Police said Foehner was walking home around 2 a.m. Wednesday after going out for a pack of smokes when Cody Gonzalez, 32, confronted him while wielding an unknown object and demanding cash and cigarettes. Gonzalez was holding what Foehner said he believed to be a knife, but turned out to be a pen, the sources said.

Pro-crime Dems and woke DAs think they’re going to make an example out of people like Penny or Foehner who take a stand against their criminals, but there’s going to be a lot more of this not less.

Not everyone is willing to lie down and be beaten, mugged, raped, robbed or killed because that’s the new social justice equity position.

Some people won’t go down without a fight.