Injustice Served: Elderly NYC Doorman Jailed 4 Years After Defending Himself From Mugger

AP Photo/Seth Perlman, File

Charles Foehner, a 67-year-old retired doorman, has begun serving a four-year prison sentence following his conviction on weapons possession charges tied to a 2023 self-defense incident.

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Foehner reported to and was locked up at the Eric M Taylor Center in the Bronx on Wednesday. 

RedState previously covered this case, with Foehner initially facing a life sentence for possessing numerous unlicensed firearms. He was returning to his apartment after purchasing cigarettes in May of 2023. Surveillance footage captured the moment when 32-year-old Cody Gonzalez approached him, demanding a cigarette and his phone. 

Gonzalez, who the New York Post describes as having a history of arrests and mental health issues, lunged at Foehner with an object that he believed was a knife. He was mistaken in the heat of the moment. It turned out to be a pen which, of course, is sharp and also counts as a weapon.

Foehner, who was carrying a gun for self-protection in the crime-ridden city, fired a single shot, fatally wounding Gonzalez. He immediately called 911 and cooperated with police. He explained that he acted out of fear for his life. 

Prosecutors ultimately declined to charge Foehner for the shooting, acknowledging the self-defense claim. However, a search of his apartment during the investigation uncovered an extensive collection of firearms: 26 weapons, over 13,000 rounds of ammunition, and 152 large-capacity magazines, along with items like bulletproof vests.

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He had no criminal history, but Foehner described himself as a lifelong gun enthusiast and a doomsday prepper.

At that point, it was game on for Queens District Attorney Melinda Katz (D), who bragged about the elderly man heading to prison on her website.


READ MORE: The Cost of Self-Defense: Charles Foehner's Case Is Another Example of Tyranny

Pirro Announces End of Felony Charges for Carrying Rifles, Shotguns in D.C.—Democrats Hardest Hit


A reasonable solution would have been to give the man a slap on the wrist. Take the unregistered guns away. Maybe give him an opportunity to get in compliance. Throw an ankle monitor on him and probation. But that's not how things work here in New York.

The discovery of the guns led to Foehner's arrest on multiple counts of criminal possession of a weapon under New York City's strict gun laws. As part of a plea deal with Katz's office, Foehner pleaded guilty to a single count, avoiding a potential longer sentence if convicted at trial. Queens Supreme Court Justice Toni Cimino, an appointee of former Mayor Bill de Blasio, handed down a four-year sentence.

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The entire story is a miscarriage of justice when one realizes that, had the mugger survived, he'd almost certainly be roaming the streets long before the elderly man whom he attacked. Despite a history of run-ins with the law.

That's the Empire State for you, though, isn't it?

"This stockpile was not a collection of your grandfather’s harmless, inoperable, antique weapons," Katz argued in her statement on Foehner heading to prison. "This was an arsenal of lethal firearms and assault weapons possessed in full violation of New York State law."

He is scheduled to serve four years behind bars, followed by five years of post-release supervision. But Foehner isn't looking that far ahead, telling the Post his goal right now is to "survive" prison, noting, "I might not come out.”

Yesterday, he said goodbye to his wife and Biscuit, his 8-year-old dog who was recently diagnosed with cancer.

In light of the ordeal, the man has doubts about his completely justified reaction to the attempted mugging.

“Whatever the circumstances are, a guy is dead because of me. Maybe I should have taken the beating [that night], but who knows where the beating stops,” he said.

Former RedState contributor Jeff Charles wrote that Foehner's "case highlights the issue of overcriminalization and the potential for severe penalties for individuals exercising their right to self-defense, particularly those without the resources to navigate complex licensing processes."

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"It also shows the contempt New York’s government has toward people who rely on themselves for their safety rather than hoping the state will protect them."

New York State isn't interested in protecting its own citizens. It is hyper-focused—ALWAYS—on the criminals. Foehner did everything right that fateful night he was approached by a career criminal. It was only what he failed to do in complying with New York's draconian gun laws that cost him.

As Kirsten Fleming, columnist at the New York Post, writes, it's rather absurd when you think about it.

"Yes, New Yorkers, we can finally rest easy. We got him," she wrote. "And by him, I mean a 67-year-old man who poses no danger to society."

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