


This is the moment a Queens man shot dead a mugger who appeared to threaten him during a botched robbery this week.
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 near-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 on the ground.
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. They also found a pen in his right hand, which Foehner said he believed had been a knife, according to the sources.


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.
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.”
A super from a nearby building on Wednesday told The Post Foehner “didn’t want this to happen.”
“He was just trying to get home,” he said. “I saw the video and you can see he’s standing there and shows the guy the gun and is backing up. The other man takes something out and lunges at him.”
Additional reporting by Joe Marino