The 65-year-old man who blew away a would-be mugger Wednesday in Queens escaped with his life and property, but may now stand to lose his freedom.
Extra to the weapons charges, the New York Daily News indicated authorities are now looking into whether Foehner should similarly be hit with murder charges.
Outside a parking garage in Kew Gardens, the 65-year-old was allegedly confronted by 32-year-old Cody Gonzalez, born Cody Baum.
Sources told WPIX that Gonzalez had tried breaking into various buildings, smashed several windows and doors, and busted an intercom system. Gonzalez also had an extensive criminal record, with arrests for robbery, burglary and other charges.
In the darkness, Foehner reportedly mistook a pen in the suspect's hand for a knife, but was otherwise certain of his intent. Foehner told police that Gonzalez aggressively demanded money and cigarettes.
In surveillance video of the encounter obtained by WPIX, Gonzalez can be seen aggressively stalking Foehner, initially confronting his would-be victim at a distance of 40 feet. Foehner waves off his would-be mugger to no avail. Gonzalez advances another 20 feet closer, at which point Foehner reportedly draws his silver revolver.
Despite Foehner's previous cautions and the gleaming threat of ballistic self-defense, Gonzalez allegedly lunged forward. According to WABC-TV, Foehner opened fire with just eight feet between them, plugging the 32-year-old as many as five times.
Following the shooting, Foehner called 911, detailed what happened and noted that he had a gun in his possession. He then waited and turned himself into the responding officers.
"This is a complicated case and we're going to review the evidence," said Queens District Attorney Melinda Katz.
For Foehner's neighbors, it's not that complicated.
Video: Man shoots, kills alleged robber in Queensyoutu.be
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