Charles Foehner was released from Rikers Island and his case was headed to a grand jury, the New York Post reported.
Foehner, a retired doorman, claims he shot Gonzalez after the assailant lunged at him with a sharp object. Investigators determined the robbery suspect was not armed with a weapon but had a pen, according to WABC.
On June 1, Foehner was charged with 26 counts of criminal possession of a weapon, but he has not been charged in the fatal shooting, police said.
The charges come after a search warrant was issued and authorities recovered more than two dozen firearms, including shotguns, rifles, pistols, three assault rifles, an AK-47, two body armor vests and 153 loaded high-capacity magazines, WABC reported. Foehner has a license for five rifles.
Foehner said he collects firearms as a hobby, authorities said.
When Foehner spoke with prosecutors, WABC reported, he told them, "I pulled the gun out of my pocket. It didn't go off accidentally. I pulled the trigger. I emptied the revolver. Last night I was carrying a firearm because of the crime in the city...I've had it since the 1990s. I obtained it in a bar one night. The firearms are mine and mine alone."
Officials noted the shooting occurred in a driveway outside Foehner’s apartment building in Queens and a surveillance camera captured the confrontation.
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In the video, Foehner can be seen backing down the driveway as Gonzalez is closing in on him. Foehner pulls out his gun and Gonzalez keeps coming. Foehner fires the gun from a distance of about eight feet, according to WABC.
Foehner was arraigned on June 2 and his bail was set at $50,000, officials said. He is due back in court on June 5.
In 2020, Foehner spoke with the New York Post and said a deteriorating hotel in his neighborhood had turned into a “flophouse” that was attracting criminals to the community.
"This isn’t our nice little neighborhood anymore," Foehner told the publication." People come down the block and key a car as they pass it. Drug deals are going on in the lobby."
He added, “This is not how I want my neighborhood.”
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