A Queens man who shot and killed an ex-con trying to rob him early Wednesday morning near his home escaped homicide charges from officials who said he gunned down the mugger with an illegal weapon.<\/p>\n\n\n\n
Charles Foehner, 65, who was confronted by a man waving a sharp object on a dark street, could face additional charges if the case is brought before a grand jury, officials said.<\/p>\n\n\n\n
The sharp object turned out to be a pen.<\/p>\n\n\n\n
But the resident felt threatened enough that he pulled out a gun and fired it five times as the mugger continued to bear down on him, hitting the would-be robber in the chest, police said.<\/p>\n\n\n\n
Foehner was walking up a driveway leading to an entrance to his apartment building on 82nd Ave. near Queens Blvd. in Kew Gardens when the mugger confronted him around 2 a.m., cops said.<\/p>\n\n\n\n
The crook demanded the gunman\u2019s cash and cigarettes. He had a pen in his hand that Foehner thought was a knife.<\/p>\n\n\n\n
As the robber approached with the pen, Foehner flashed a revolver, shooting the suspect in the chest, according to the NYPD.<\/p>\n\n\n\n
The 32-year-old mugger died at the scene. His name was not immediately released.<\/p>\n\n\n\n
The shooter called 911 to report the incident. A nearby resident also called 911, police said.<\/p>\n\n\n\n
When cops arrived, the gunman admitted to shooting the robber and said his revolver was in his pocket. He then handed the firearm over to responding officers.<\/p>\n\n\n\n
He was taken in for questioning and will be charged with illegal use of a firearm.<\/p>\n\n\n\n
\u201cI\u2019m still in the dark about all of this,\u201d the shooter\u2019s wife told the Daily News. \u201cI don\u2019t want to comment right now.\u201d<\/p>\n\n\n\n
The gunman\u2019s building\u2019s superintendent said the tenant was just minding his own business in the moments before the shooting.<\/p>\n\n\n\n
Cops said he was coming home from a nearby store.<\/p>\n\n\n\n
\u201cI can tell you he didn\u2019t want to do that,\u201d said John, the super, who viewed surveillance video of the shooting.<\/p>\n\n\n\n
\u201cI can tell you he wasn\u2019t looking for trouble. He was trying to go about his day.\u201d<\/p>\n\n\n\n\n\n
The video shows Foehner walking towards an entrance of the building at 2:03 a.m. The mugger comes up behind him and advances while menacing his target with the pen.<\/p>\n\n\n\n
The older man holds up a hand and walks backwards. Eventually he takes a revolver out, clearly showing it for several seconds to the mugger.<\/p>\n\n\n\n
The gunman \u201cturned around before (the mugger) got any closer and backed up the entire way, telling him to leave,\u201d the super said.<\/p>\n\n\n\n
The video shows the mugger continuing to approach before he is shot.<\/p>\n\n\n\n
The shooter takes out his keys and opens the door to the building and is seen trying to get somebody\u2019s attention before running off camera. The mugger sprints away about 50 yards and then collapses.<\/p>\n\n\n\n
\u201cHe showed amazing restraint,\u201d the super said of his tenant. \u201cHe doesn\u2019t deserve to be in jail.\u201d<\/p>\n\n\n\n\n\n
The door to a building next door was smashed in, as well as the intercom in a building across the street. Neighbors said they believe the mugger had been trying to break into buildings before encountering the shooter.<\/p>\n\n\n\n
On Wednesday morning, Queens District Attorney Melinda Katz toured the scene as prosecutors mulled what charges to bring.<\/p>\n\n\n\n
\u201cWe\u2019re still investigating and as soon as we have all the facts, then we\u2019ll make those decisions,\u201d she told reporters. \u201cThis is a complicated case and we\u2019re going to review the evidence.\u201d<\/p>\n\n\n\n
The mugger had multiple arrests on his record, including a weapon possession arrest on Feb. 9 and robbery, burglary and petty larceny arrests last year, according to police. He has also been accused of selling drugs and criminal mischief.<\/p>\n\n\n\n
\u201cOh, my God!\u201d a distant relation told the Daily News. \u201cThis is crazy. This is so terrible!\u201d<\/p>\n\n\n\n
But she seemed to commiserate with Foehner.<\/p>\n\n\n\n
\u201cIf the guy was going to hold him up \u2014 I\u2019m a 67 year old \u2014 I would defend myself,\u201d she said.<\/p>\n\n\n\n
Several people who knew him said he was unhinged.<\/p>\n\n\n\n
A woman who used to live near him in Glendale, said she had an order of protection out against him.<\/p>\n\n\n\n
\u201cHe was on my property,\u201c the former neighbor said. \u201cHe had my dad\u2019s mail. He took it. You saw it on camera. So then I called the cops and they came and he was just sitting on top of the stairs. He was saying that he knew my dad which is bulls—. My dad doesn\u2019t even live here. I just get his mail here.\u201d<\/p>\n\n\n\n
\u201dSomething was definitely wrong with him,\u201d she said. \u201cI mean, it\u2019s sad.\u201d<\/p>\n\n\n\n
Police said Foehner had a gun permit, but it was not for the revolver. The shooter has no criminal history, they added.<\/p>\n\n\n\n
Residents described Foehner as a good neighbor who would never start a confrontation.<\/p>\n\n\n\n
\u201cHe\u2019s one of the best I\u2019ve ever met,\u201d said Foehner\u2019s neighbor Jared, 68. \u201cHe\u2019s the last one to hurt you, to trick you. I am shocked.\u201d<\/p>\n\n\n\n
Jared said the neighborhood is nice but has gone downhill in the last several years.<\/p>\n\n\n\n
\u201cYou\u2019ve got to defend yourself,\u201d he said. \u201cIt\u2019s just about your life or the other.\u201d<\/p>\n\n\n\n
Neighbor Angel Rodriguez, 46, said Foehner is friendly and respectful.<\/p>\n\n\n\n
\u201cMy interactions with him have always been pleasant, I\u2019ve never seen anything from him to indicate malice,\u201d Rodriguez said.<\/p>\n\n\n\n
\u201cInitially I didn\u2019t know who it was or what went down,\u201d he added. \u201cMy understanding was that somebody tried to rob someone with a knife and they defended themselves with a firearm. So my first thought was, I hope that it\u2019s legal. It\u2019s unfortunate that life is lost.\u201c<\/p>\n\n\n\n