Man charged after fatally shooting suspect who allegedly tried to rob him in Queens: Police

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KEW GARDENS, Queens (WABC) -- A man in Queens has been charged after he shot and ki1led another person who was allegedly trying to rob him, police reported.

Officials say the shooting happened in a driveway on 82nd Avenue in Kew Gardens at around 2 a.m. Wednesday.

The 32-year-old was armed with a sharp object and attempted to rob a 65-year-old of money and cigarettes, authorities said.

The 65-year-old, identified as Charles Foehner, pulled a sliver handgun and shot him as many as five times.

In surveillance video viewed by Eyewitness News, the assailant confronts Foehner from 40 feet. Foehner waves him off, raising his left hand, but the assailant continues to approach aggressively. With that, Foehner draws his gun from 20 feet. When the assailant waves an object and lunges, Foehner fires from 8 feet.


He then called 911, stating he was in a shooting and the gun was in his jacket pocket. He voluntarily surrendered to responding officers.

The suspect was pronounced dead at the scene and a pen was discovered in his right hand.

The 65-year-old was charged with second-degree criminal possession of a weapon and criminal possession of a firearm, according to a spokesperson for the Queens District Attorney's Office.

The Queens district attorney will need to determine whether it was a case of self-defense.

The 32-year-old had many prior arrests for robbery, burglary, drug possession, and other related charges.

Several of Foehner's neighbors told Eyewitness News they are sympathetic.

"He was protecting himself. So how can I blame him? You know, unfortunately, the guy had to lose his life. I don't wish that on anybody. But this is the circumstances when you randomly just rob people. You never know what you're going to get," neighbor Vercelle Evans said.

In the minutes before the shooting, investigators believe the assailant went on a rampage, inexplicably smashing windows in two neighboring buildings. Foehner lives around the corner with his wife, where he is well-liked. Sources say he has an active NYPD firearms permit.

Angel Rodriguez lives down the hall.

"If video shows that, you know, he was acting in in self-defense and the guy was actually trying to harm him, then I you know, I believe we should be able to protect ourselves," neighbor Rodriguez said.


Katz says the case is complicated.

"This is a complicated case and we're going to review the evidence," Queens District Attorney Melinda Katz said before the charges came down. "We just went to the crime scene. I will have comments for you after we investigate it."

Katz says the case is complicated.


↪ https://abc7ny.com/queens .. rmed/13323048/

SMH that's some bullsh1t

Criminals have more rights than law abiding citizens

This is what y’all voted for when you vote against your own constitutional rights.

Reason number 1 why i would never permanently live in NY… he wouldn't have been charged Down South!!

Charges should get dismissed like in the case of the deli worker stabbing.

Compare this to the situation in Florida where the guy got robbed, held his hands up, and still got shot by them bums. New York and Cali are criminal's dream.

Tlatoani said 🔗 Charges should get dismissed like in the case of the deli worker stabbing.

They will but they're looking into it first. Pretty simple given the guy's priors and immediately previous behavior but sucks for this guy he's still going to get his pockets tapped

One less criminal

Free that man

I’m not a gun guy but yes being strict with guns this a rare time in went vs the criminal

Thought he was

Trying to catch wreck with a pen

He would never in the south or Midwest

Gotta see the video.

Don’t bring a pen to a gunfight

Guess its to do it or not do it can't defend your self.

Boogersugar said 🔗 They will but they're looking into it first. Pretty simple given the guy's priors and immediately previous behavior but sucks for this guy he's still going to get his pockets tapped

Murderers said 🔗 Compare this to the situation in Florida where the guy got robbed, held his hands up, and still got shot by them bums. New York and Cali are criminal's dream.

Tlatoani said 🔗 Charges should get dismissed like in the case of the deli worker stabbing.

longliverick said 🔗 Criminals have more rights than law abiding citizens

KINGMFCOLD said 🔗 SMH that's some bullsh1t

PackerTrelli3 said 🔗 If cops can ki1l for thinking someone has a gun, it should be right to ki1l someone trying to rob you. Can’t say it doesn’t warrant death, but there’s plenty of sh1t that don’t warrant death and the cops are ready to shoot “My chain for ur life, we can swap it out”

North!!! said 🔗 One less criminal Free that man I’m not a gun guy but yes being strict with guns this a rare time in went vs the criminal Thought he was Trying to catch wreck with a pen He would never in the south or Midwest

OaklandSmokin said 🔗 Gotta see the video.

From this other video it says the charge is criminal possession for a grip of guns not the actual self defense:

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Police then confirmed later in the evening that Foehner was charged with 25 counts of criminal possession of a weapon, but not charged for the fatal shooting.

It comes after a search warrant recovered more than two dozen firearms, which included pistols, shotguns, rifles, three assault rifles, an AK47, 153 loaded high-capacity magazines and two body armor vests. Foehner has a license for five rifles.

Source:

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legalize all guns and drugs

Murderers said 🔗 Compare this to the situation in Florida where the guy got robbed, held his hands up, and still got shot by them bums. New York and Cali are criminal's dream.

Red states have more gun crimes per Capita then blue states

I get why NY has the strict gun laws. But they gotta let this sh1t rock.

longliverick said 🔗 Criminals have more rights than law abiding citizens

That's what y'all wanted, right?

Trismegistus said 🔗 That's what y'all wanted, right?

Y’all being whom?

longliverick said 🔗 Criminals have more rights than law abiding citizens

This how ik bx n1ggas ret@rded

Trismegistus said 🔗 That's what y'all wanted, right?

Another dumba$s who equates one out of THOUSANDS of cases to equal criminals having more rights

Immersion Vox said 🔗 Another dumba$s who equates one out of THOUSANDS of cases to equal criminals having more rights

Soft on crime liberal laws are making these criminals more brazen. Also, I could face charges for dumping on someone who breaks into my home

GTFOH!!

NYC is on some bullsh1t. That's why I beat all my self defense cases I'll give you so many chances but once you you become the aggressor , you just have to touch me once. It's a life changing experience when n1ggas bi#ch up and turn victims

free that man

whatevaitakes said 🔗 From this other video it says the charge is criminal possession of a fire arms for a grip of guns not the actual self defense: ↪🔗 Police then confirmed later in the evening that Foehner was charged with 25 counts of criminal possession of a weapon, but not charged for the fatal shooting. It comes after a search warrant recovered more than two dozen firearms, which included pistols, shotguns, rifles, three assault rifles, an AK47, 153 loaded high-capacity magazines and two body armor vests. Foehner has a license for five rifles. Source: ↪🔗

Hmm I wonder if the robbery prompted the search warrant or the FED/ATF were probably on him for a while.

whatevaitakes said 🔗 From this other video it says the charge is criminal possession of a fire arms for a grip of guns not the actual self defense: ↪🔗 Police then confirmed later in the evening that Foehner was charged with 25 counts of criminal possession of a weapon, but not charged for the fatal shooting. It comes after a search warrant recovered more than two dozen firearms, which included pistols, shotguns, rifles, three assault rifles, an AK47, 153 loaded high-capacity magazines and two body armor vests. Foehner has a license for five rifles. Source: ↪🔗

No wonder his neighbors responded like that. When I was reading the article their responses seemed a little weird. They probably knew what type of time dude was on and didn't wanna incriminate him.

OMarksDaSpot said 🔗 Hmm I wonder if the robbery prompted the search warrant or the FED/ATF were probably on him for a while.

Either:

1. He ran his mouth during the interview at the scene or station.

2. He didn't go directly to the police station and turn himself in prompting a search for him and then subsequent discovery of weapon in plain sight at the apartment.

Lets see if he picks up in gun trafficking charges at the federal level and let's see if he can get the evidence quashed on a technicality (4th amendment violation or some sort).