Queens gun cache case ends with 4 year prison sentence as DA declines shooting charges
KEW GARDENS, NY – A Kew Gardens man who killed another man in a predawn street encounter was sentenced to four years in prison after investigators later uncovered what prosecutors described as an arsenal of illegal firearms and ammunition inside his apartment, but he was not charged for the shooting itself.
Queens District Attorney Melinda Katz said Charles Foehner was sentenced to four years in prison followed by five years of post-release supervision after pleading guilty to criminal possession of a weapon in the second degree. Queens Supreme Court Justice Toni Cimino imposed the sentence after Foehner’s guilty plea on November 20.
The case stems from a May 31, 2023 incident on 82nd Avenue near Queens Boulevard in Kew Gardens. Prosecutors said Foehner was accosted around 2 a.m. and shot Cody Gonzalez, 32, during the encounter. Gonzalez died from his injuries.
Katz said her office did not file criminal charges against Foehner for his role in the shooting, describing that decision as being at her discretion. The sentencing instead focused on the weapons possession case that followed the homicide investigation.
According to the district attorney, a court-authorized search warrant executed on May 31, 2023 at Foehner’s residence led to the seizure of 26 unlicensed and unregistered firearms, including four weapons classified as assault weapons, along with 13,074 rounds of ammunition and 152 large capacity feeding devices, 10 of which were loaded. Investigators also recovered two bulletproof vests and one inoperable pistol.
The inventory of recovered items listed by prosecutors included multiple handguns, revolvers, rifles, and shotguns, including Norinco rifles, Mossberg shotguns, and Glock pistols.
Foehner, 67, of 82nd Road in Kew Gardens, was arrested June 1, 2023 and processed at the NYPD 102nd Precinct, the district attorney said.
Assistant District Attorney Samuel Pellegrino, assigned to the Career Criminals and Major Crimes Bureau, prosecuted the case under the supervision of bureau leadership and the Major Crimes executive staff, the DA’s office said.
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Key Points
- Charles Foehner, 67, was sentenced to four years in prison plus five years of post-release supervision for second-degree criminal possession of a weapon
- Prosecutors said a court-authorized search recovered 26 illegal firearms, 13,074 rounds of ammunition, and 152 large capacity feeding devices inside his Kew Gardens home
- DA Melinda Katz said no criminal charges were filed against Foehner in the May 31, 2023 fatal shooting of Cody Gonzalez
