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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.
From a practical point of view, obvious case of self-defense.
The idiots in charge of NY are going to put Foehner through the wringer, even if justice in the end prevails, boy is he going to pay and how.
If Foehner walks too quick and easy on an obvious self defense, it will spur others on to defend themselves, and guns will blaze.
If killing it is the only way to take out the trash, Im ready to let God sort it out in the end.
In a state where you do not have the right to self defense you are a slave.
(I see my posting information has disappeared again and I have to re-enter it again. Never had this issue with Disqus.)
Unbelievable!!!!!!!!!!!!!!!!!!!!!!!!!
The left in New York (and other places around the country and in Europe) believe that people of color are so primitive and naturally violence-prone that they cannot be expected to adhere to the rules of civilized behavior. The real crime in the leftists’ twisted way of thinking is in not giving malefactors a free pass for offenses that are condemned and prosecuted in healthy societies.
Kew Gardens is the same town in Queens where the Kitty Genovese murder happened. It’s always been a predominantly safe and white neighborhood. Kitty’s killer wasn’t from Kew Gardens but from East Elmhurst, a black neighborhood, a few miles away.
“Cody” Gonzalez sounds like an unlikely name for a Hispanic male of any national background, except maybe Puerto Rican. In his mugshot he looks white, but he could be of mixed background, maybe white and Puerto Rican. He doesn’t look thirty-two, he looks forty-two, he has that weathered look of heavy alcohol and drug abuse.
Actually he looks like Norman Mailer, maybe he was Mailer’s grandson.
Yes, there are details of this police report which are obvious bullshit, as usual. All of it is suspect.
And that “Cody” scumbag was obviously on drugs. That bizarre way he weaved back and forth is a clear indication. I’m around druggies on a regular basis and I’ve observed that behavior. Most of the scum I’ve been attacked by exhibited it.
The world is better off now that he’s dead.
Better judged by 12 than carried by 6.
He looks mixed and very psychotic.
You’re right, Greenfield. Always fight back or you’re just a victim. A statistic. Fuck that shit.
And never hesitate, because that’s a sure fire way to become a victim. Don’t negotiate, don’t plead and don’t even talk. Just throat punch the gutter criminal with an open hand between thumb and forefinger, go for his balls with knee or foot and start swinging. And don’t be squeamish about hitting him when he’s down, because I guarantee he’ll do it to you if he gets the chance.
Josey Wales : “Now remember, when things look bad and it looks like you’re not gonna make it, then you gotta get mean. I mean plumb, mad-dog mean.”
When it comes down to a life or death situation there is no such thing is a fair fight, keep your cool and survive.
“The Outlaw Josey Wales.” That’s one of my favorite movies!
And you’re right. If you get into it with gutter scum, don’t hold back or you could end up hospitalized or dead. Fuck that shit.
Yeah, don’t talk. Talking gives them information about you, no matter what you say. If you don’t talk that confuses them, they try to project on you but have no idea what projection fits.
I must have learned that by accident, or by rare good instruction, that I was lucky enough to get from my Dad. He told me “Say as little as possible.” Instruction from most people has to be rigorously analyzed, to see if it is good or bad or mixed.
If you talk to them, they always have a followup line that makes things worse for you.
Your father seems to have been a wise man. It’s best to keep your own counsel.
And never trust a stranger, as my mother taught me.
Gosh, you sound just like my old sensei!
Prosecutorial discretion should be applied. Failing that – jury nullification. It’s just the right thing to do.
Does New York have jury nullification? Georgia does, but not every state does.