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Man charged after fatally shooting suspect who allegedly tried to rob him in Kew Gardens: NYPD

Jun. 2, 2023 By Zachary Gewelb

Police arrested and charged a 65-year-old man who allegedly shot and killed the man who tried to rob him in Kew Gardens on May 31, according to authorities.

The NYPD on June 2 announced that Charles Foehner, of 82nd Road, is charged with 26 counts of criminal possession of a weapon in connection with the fatal shooting that took place in the early morning hours of May 31.

Officers responded to a 911 call of a man shot near the parking garage of an apartment building at 123-20 82nd Ave. just after 2 a.m. on May 31. Upon their arrival, officers discovered 32-year-old Cody Gonzalez, of 82nd Road, lying in a pool of blood with gunshot wounds to his chest.

EMS responded to the location and pronounced the man dead at the scene.

Police investigate a fatal shooting that occurred on May 31 in Kew Gardens.Photo by Lloyd Mitchell

A witness who lives in the apartment building was awakened after the shooting.

“My wife heard what sounded like firecrackers, I said no those were gunshots,” he said. “I looked out the window and saw the body laying there.”

Investigators believe that Gonzalez had pulled a sharp object on Foehner and attempted to rob him. Foehner then pulled out a .38 caliber Smith & Wesson revolver and fired at Gonzalez multiple times, according to the criminal complaint.

Police investigate a fatal shooting that occurred on May 31 in Kew Gardens.Photo by Lloyd Mitchell

After executing a search warrant, investigators recovered the firearm inside of Foehner’s residence. Additionally, a large cache of weapons, ammunition and body armor — including multiple pistols, revolvers, shotguns and rifles — were recovered from inside the residence, according to the criminal complaint.

Foehner was taken into custody for questioning at the 102nd Precinct in Richmond Hill and was later charged with 26 counts of criminal possession of a weapon.

Foehner was arraigned June 2 before Queens Criminal Court Judge Jerry Iannece,  who ordered him to return to court on June 5.

Additional reporting by Bill Parry and Lloyd Mitchell.

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