A 65-year-old Queens resident, who defended his life and property from a would-be assailant, is now facing potential legal consequences, as the New York Daily News reported.
The man, identified as Foehner, was confronted outside a Kew Gardens parking garage on Wednesday by 32-year-old Cody Gonzalez, who has an extensive criminal background.
The altercation took place under the cloak of darkness, where Foehner, in his apprehension, mistook a pen in Gonzalez's hand for a potentially lethal weapon. Gonzalez, known by his birth name Cody Baum, was reported by WPIX sources to have a series of past offenses, ranging from burglary and robbery to vandalizing buildings.
A crucial piece of evidence is the surveillance video obtained by WPIX, which revealed an aggressive pursuit by Gonzalez. Initially, he confronted Foehner from a distance of 40 feet, but as Foehner attempted to dismiss him, Gonzalez closed the gap to just 20 feet. This was when Foehner brandished his silver revolver in an act of perceived self-defense.
Despite the visible threat of ballistic retaliation, Gonzalez was not dissuaded and advanced towards Foehner, who opened fire when the suspect was a mere eight feet away, according to WABC-TV. The weapon struck Gonzalez up to five times, which resulted in fatal consequences.
After the shooting, Foehner took the proactive step to inform law enforcement, called 911, and detailed the incident, explicitly stating his firearm possession. He subsequently surrendered himself to the responding officers.
"This is a complicated case and we're going to review the evidence," commented Queens District Attorney Melinda Katz on the incident. This statement appears to be a preliminary indicator of a legal difficulty that may see Foehner facing weapons charges and murder.
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