A 65-year-old man fatally shot a mugger who appeared to have threatened him with a pen during a botched robbery in Queens early Wednesday — and prosecutors are now weighing if murder charges should be filed, authorities said.
The man was walking home around 2 a.m. when the 32-year-old alleged robber came up to him at a driveway leading to a parking garage on 82nd Avenue near Queens Boulevard in Kew Gardens, according to cops and law enforcement sources.
The erratic mugger demanded cash and cigarettes while flashing an unknown sharp object, the sources said.
That’s when the older man, identified as Charles Foehner, then allegedly pulled out a silver revolver and shot him multiple times in the chest, police said.
Sources said the gunman called 911, telling emergency responders he had been involved in a shooting and his firearm was in his jacket pocket.
A video viewed by The Post captures the alleged robber swaying back and forth, appearing to taunt Foehner, before charging at the 65-year-old, who pulls a gun and opens fire.
The gravely wounded man attempted to run off but then stumbled and collapsed in the street, the surveillance footage shows. A pen was found in his right hand, according to the sources.
Before the fatal shooting, sources said the alleged robber caused property damage at a pair of nearby buildings.
A super from a nearby building told The Post Foehner “didn’t want this to happen.”
“He was just trying to get home,” he said. “I saw the video and you can see he’s standing there and shows the guy the gun and is backing up. The other man takes something out and lunges at him.”
The alleged robber — who had at least 15 arrests dating back to 2004 and a record of mental illness — died in the street, where a gun was recovered, cops said. His name was not released.
He had been banging on windows, smashing one in a vestibule, along Queens Boulevard before the deadly encounter, a local worker said.
The shooter voluntarily turned himself into the cops.
Foehner will be charged by the Queens District Attorney’s office with criminal possession of a weapon and criminal possession of a firearm, according to DA spokesperson.
Sources said prosecutors are mulling additional charges.
Earlier Wednesday, Queens District Attorney Melinda Katz visited the location of the shooting and told reporters the case was still under investigation when asked if the shooter would face charges.
“As soon as we get all the facts we’ll make those decisions,” she said.
“Every case is complicated, but yes, this is a complicated case. We just went to the crime scene. We will have comments for you after we investigate it.”
Additional reporting by Tina Moore
