On January 14, Charles Foehner will start serving a four-year jail sentence.
Sure, New Yorkers, we will lastly relaxation straightforward. We acquired him. And by him, I imply a 67-year-old man who poses no hazard to society.
Foehner is a retired doorman with the present of gab, a faithful spouse, and a behavior of claiming “groovy.” He spends his time watching naval historical past movies on YouTube.
Whereas there are lots of violent criminals with rap sheets the size of a CVS receipt strolling our streets, Queens DA Melinda Katz determined to throw the guide at this senior citizen, after he pleaded responsible to proudly owning unlicensed weapons.
“The one manner I can get away from bed within the morning is to not take into consideration [going to prison],” Foehner instructed me as we sat in the lounge of his Pennsylvania townhouse, the place he moved a yr in the past.
As solar units on his freedom, Foehner is making an attempt to summon the vitality to name the jail guide, who will put together him for his grim subsequent chapter.
“I’ve acquired to actually give him a buzz, however I’m so shut down that it’s arduous to get something completed. You assume, ‘okay, I’m going to name’ and the day goes by and I haven’t completed it.”
As an alternative, he’s spending time together with his devoted spouse Jenny Foehner-Pace and his 8-year-old canine, Biscuit, who was just lately recognized with most cancers. He’s planning to see family members and buddies. Certainly one of whom is affected by numerous maladies.
“I don’t know if he’s going to be right here in three, 4 years after I get out. I’ve buddies in Queens who would possibly transfer. Or they is perhaps useless. I imply, I may not come out,” he mentioned.
He doesn’t know the place he’ll be serving his time, however he has one goal: “Survive.” He’s making an attempt to make a plan for his imminent confinement.
“I wouldn’t thoughts studying to weld. I’d wish to turn out to be a tutor. I at all times thought I might be a great instructor.”
Nicely, the best way his case has been dealt with by Katz has actually been instructive. And it ought to enrage anybody with a way of justice or proportionality.
Foehner first collided with our felony justice system in Might 2023 when he went out for a pack of cigarettes within the early hours of the morning. Crime in his Kew Gardens neighborhood grew to become an issue after a now-shuttered seedy lodge had opened up in 2017, so Foehner took a revolver with him as safety.
In an eerie twist, Foehner had complained to this very paper concerning the dysfunction in 2020.
“This isn’t our good little neighborhood anymore,” he instructed The Submit at the moment, noting the brazen drug offers happening.
However on that fateful night time, he returned from shopping for smokes and noticed an unhinged man banging on the door of his constructing. It was Cody Gonzalez, who then menacingly approached Foehner, demanding a cigarette and his telephone.
“He stored coming nearer and clearly he was going to assault me.” Foehner mentioned he pulled out a gun and pointed it on the floor. However Gonzalez didn’t cease. He motioned towards Foehner’s neck with an object and his instincts kicked in. Foehner shot the person useless. The ordeal was caught on safety digital camera.
“I didn’t need to harm anybody. He left me no selection,” mentioned Foehner.
He referred to as 911 and cooperated with authorities.
Gonzalez had at the very least 15 priors relationship again to 2004 and a historical past of psychological sickness. Conversely, Foehner had no felony historical past. However he’s a lifelong gun fanatic and a doomsday prepper, who had amassed a stockpile of roughly 26 weapons the police discovered. Just a few had been liscensed.
“Till that night time, I by no means pointed a gun at anyone. I by no means needed to. I’m not a gun bully…I don’t need energy over anybody,’ Foehner mentioned, including “I consider within the social contract.”
He wasn’t charged within the dying of Gonzalez, which was deemed justified, however the DA threw the guide at him for felony weapons possession.
As an alternative of present process a pricey and finally dangerous trial that might have despatched him to jail for 25 years, he took a plea deal.
Foehner’s lawyer Thomas Kenniff, who additionally represented acquitted subway hero Daniel Penny blamed town’s “draconian” gun legal guidelines that made it tough for legislation abiding residents to legally receive weapons for cover.
Clearly, Katz insisted on exacting most ache onto Foehner.
In actual fact, she heartlessly requested he spend the previous couple of months in Rikers, however the choose granted one final mercy and allowed him to spend Thanksgiving and Christmas at residence.
I can’t think about how anybody in that workplace believes justice is being served right here. Why are we spending tax {dollars} to let this good man rot in jail? Give him an ankle bracelet, probation or neighborhood service.
Foehner acknowledges he ought to obtain some type of punishment.
“I mentioned to Tom [Kenniff], If they need me to, I’ll begin on the Triborough Bridge and I’ll clear to Grand Central Parkway all the best way to the Nassau border. So long as I don’t need to go to jail.”
He calls it a political case. A checkmark for Katz that may enable her to boast about getting weapons off the road.
In the meantime, “They’re ignoring the damaging individuals committing crimes day-after-day.”
Folks like David Mazariegos, who beat Nicola Tanzi to dying in October after he kindly held a door open for him within the subway. Regardless of having two open felony circumstances, Mazariegos was given taxpayer-funded artwork “diversion” program for repeat criminals.
Or William Credle, who in 2023 sexually assaulted a 14-year-old however was ordered to endure psychological well being remedy, solely to go on to allegedly rape a 15-year-old in eerily related circumstances in November. That case is but to return to trial, however the examples may simply fill this web page.
Even worse, Foehner’s social safety advantages will cease whereas he’s in jail, and his spouse of 20 years was simply laid off from her job at a publishing firm after 12 years. They’ve an on-line fundraiser to assist defray the price of his protection, however every thing nonetheless feels so unsure.
“We’re simply unhappy and devastated,” Jenny instructed me. “It’s arduous to understand.”
Certainly, Foehner’s merciless and traditional punishment is extraordinarily tough to wrap one’s head round.
Governor Hochul may pardon him, however Foehner has no hope in that. He does, nonetheless, nonetheless really feel guilt.
“Regardless of the circumstances are, a man is useless due to me. Perhaps I ought to have taken the beating [that night], however who is aware of the place the beating stops.”
Let’s be sincere, Foehner has been taking a beating from the system since he was arrested in 2023.
This isn’t justice. Sending a person like Foehner to jail is a criminal offense in itself.
