Victim of brutal home invasion caught on 'nanny cam' sobs as her attacker is found NOT GUILTY of attempted murder - but will go to prison for assault
Shawn Custis, 45, was not found guilty of attempted murder but he will go to prison for second-degree aggravated assault
Attack was caught on 'nanny cam' and shows victim being brutally beaten
Woman was punched, kicked and thrown down stairs in front of 3-year-old
First-degree robbery charge carries maximum sentence of 20 years, but because of prior felony arrests Custis may get up to life in prison
WARNING: VIDEO CONTAINS GRAPHIC CONTENT
<iframe width="560" height="315" src="https://www.youtube.com/embed/qU0EJS3cJIc" frameborder="0" allowfullscreen></iframe>
By Valerie Edwards For Dailymail.com and Associated Press
Published: 18:20 EST, 1 June 2016 | Updated: 06:55 EST, 2 June 2016
Shawn Custis was found guilty of second-degree aggravated assault for the June 21, 2013 attack that was recorded on the victim's 'nanny cam'
The victim of a brutal attack during a home invasion sobbed in court after her attacker was found not guilty of attempted murder, but he will go to prison for assault.
Shawn Custis, 45, was found guilty of second-degree aggravated assault for the June 21, 2013 attack that was recorded on the victim's 'nanny cam'.
The mother was punched, kicked and thrown down the basement stairs in front of her three-year-old daughter while they were in their Millburn home.
Her 18-month-old son was asleep upstairs as the attack occurred.
The victim sat in the courtroom weeping as she heard the jury say that Custis was also guilty of endangering the welfare of a child, robbery, burglary, criminal restraint and theft, according to NJ.com.
The video shows a man pushing his way into her suburban home where the victim and her daughter were watching television.
He then proceeds to punch and kick her for several minutes before throwing her down a flight of stairs.
But when Millburn police responded a white officer is overheard using racial slurs to describe the attacker, who is black.
Detective Collin McMillan admitted during testimony in May that he made the remarks.
He also testified he didn't question Custis and didn't collect evidence, though he was present at the man's arrest and filed evidence collected by other investigators.
The victim sat in the courtroom weeping as she heard the jury say that Custis (pictured) was also guilty of endangering the welfare of a child, robbery, burglary, criminal restraint and theft
The first-degree robbery charge carries a maximum sentence of 20 years in prison, but authorities said that because Custis has prior felony arrests, he would be sentenced to an extended term of up to life in prison on the robbery charge
The first-degree robbery charge carries a maximum sentence of 20 years in prison, but authorities said that because Custis has prior felony arrests, he would be sentenced to an extended term of up to life in prison on the robbery charge
The specter of potential police bias has hung over the trial of Custis, who's from Newark.
A jury of nine blacks and three whites began deliberations Tuesday, weighing whether to believe Custis' defense attorney's claim that his client was framed by racist cops, or prosecutors' contentions that bias didn't play a part and that they were led to Custis by several people who identified him after seeing the video on television.
Prosecutors showed the video to jurors at the beginning of Custis' trial; when Assistant Essex County Prosecutor Jamel Semper showed it again later in the trial, two female jurors held their hands over their faces
The first-degree robbery charge carries a maximum sentence of 20 years in prison, but Semper told NJ.com that because Custis has prior felony arrests, he would be sentenced to an extended term of up to life in prison on the robbery charge.
Because of the video, the officer's slur could hurt the prosecution's case but not necessarily lead to an acquittal, said Ben Barlyn, a former Hunterdon County prosecutor who worked on the manslaughter case of former NBA star Jayson Williams.
Williams' attorneys tried unsuccessfully to have his convictions thrown out after it was revealed a detective not directly involved in the investigation used a racial slur.
'In what would otherwise be a case with very strong evidence of an egregious crime, it's a headache for the prosecutor but not necessarily a fatal headache,' Barlyn said, referring to the Custis case.
'The prosecutor's concern would be that the jury would disregard evidence of the defendant's conduct and send a message that the institution must be held accountable by nullifying the verdict. And that's a very powerful message.'
Custis was arrested about a week after the crime in New York City, after police say they received calls from several women saying they recognized him.
Prosecutors also presented evidence that blood on jeans found in his apartment came from the victim, who testified but whose name has not been released.
Defense attorney John McMahon argued that the investigation was tainted by racial animus and that police ignored evidence that could have pointed to other suspects.
He also said the video quality isn't good enough for a positive identification of Custis.
Read more: http://www.dailymail.co.uk/news/art...pted-murder-prison-assault.html#ixzz4D1WIlyr3
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Shawn Custis, 45, was not found guilty of attempted murder but he will go to prison for second-degree aggravated assault
Attack was caught on 'nanny cam' and shows victim being brutally beaten
Woman was punched, kicked and thrown down stairs in front of 3-year-old
First-degree robbery charge carries maximum sentence of 20 years, but because of prior felony arrests Custis may get up to life in prison
WARNING: VIDEO CONTAINS GRAPHIC CONTENT
<iframe width="560" height="315" src="https://www.youtube.com/embed/qU0EJS3cJIc" frameborder="0" allowfullscreen></iframe>
By Valerie Edwards For Dailymail.com and Associated Press
Published: 18:20 EST, 1 June 2016 | Updated: 06:55 EST, 2 June 2016
Shawn Custis was found guilty of second-degree aggravated assault for the June 21, 2013 attack that was recorded on the victim's 'nanny cam'
The victim of a brutal attack during a home invasion sobbed in court after her attacker was found not guilty of attempted murder, but he will go to prison for assault.
Shawn Custis, 45, was found guilty of second-degree aggravated assault for the June 21, 2013 attack that was recorded on the victim's 'nanny cam'.
The mother was punched, kicked and thrown down the basement stairs in front of her three-year-old daughter while they were in their Millburn home.
Her 18-month-old son was asleep upstairs as the attack occurred.
The victim sat in the courtroom weeping as she heard the jury say that Custis was also guilty of endangering the welfare of a child, robbery, burglary, criminal restraint and theft, according to NJ.com.
The video shows a man pushing his way into her suburban home where the victim and her daughter were watching television.
He then proceeds to punch and kick her for several minutes before throwing her down a flight of stairs.
But when Millburn police responded a white officer is overheard using racial slurs to describe the attacker, who is black.
Detective Collin McMillan admitted during testimony in May that he made the remarks.
He also testified he didn't question Custis and didn't collect evidence, though he was present at the man's arrest and filed evidence collected by other investigators.
The victim sat in the courtroom weeping as she heard the jury say that Custis (pictured) was also guilty of endangering the welfare of a child, robbery, burglary, criminal restraint and theft
The first-degree robbery charge carries a maximum sentence of 20 years in prison, but authorities said that because Custis has prior felony arrests, he would be sentenced to an extended term of up to life in prison on the robbery charge
The first-degree robbery charge carries a maximum sentence of 20 years in prison, but authorities said that because Custis has prior felony arrests, he would be sentenced to an extended term of up to life in prison on the robbery charge
The specter of potential police bias has hung over the trial of Custis, who's from Newark.
A jury of nine blacks and three whites began deliberations Tuesday, weighing whether to believe Custis' defense attorney's claim that his client was framed by racist cops, or prosecutors' contentions that bias didn't play a part and that they were led to Custis by several people who identified him after seeing the video on television.
Prosecutors showed the video to jurors at the beginning of Custis' trial; when Assistant Essex County Prosecutor Jamel Semper showed it again later in the trial, two female jurors held their hands over their faces
The first-degree robbery charge carries a maximum sentence of 20 years in prison, but Semper told NJ.com that because Custis has prior felony arrests, he would be sentenced to an extended term of up to life in prison on the robbery charge.
Because of the video, the officer's slur could hurt the prosecution's case but not necessarily lead to an acquittal, said Ben Barlyn, a former Hunterdon County prosecutor who worked on the manslaughter case of former NBA star Jayson Williams.
Williams' attorneys tried unsuccessfully to have his convictions thrown out after it was revealed a detective not directly involved in the investigation used a racial slur.
'In what would otherwise be a case with very strong evidence of an egregious crime, it's a headache for the prosecutor but not necessarily a fatal headache,' Barlyn said, referring to the Custis case.
'The prosecutor's concern would be that the jury would disregard evidence of the defendant's conduct and send a message that the institution must be held accountable by nullifying the verdict. And that's a very powerful message.'
Custis was arrested about a week after the crime in New York City, after police say they received calls from several women saying they recognized him.
Prosecutors also presented evidence that blood on jeans found in his apartment came from the victim, who testified but whose name has not been released.
Defense attorney John McMahon argued that the investigation was tainted by racial animus and that police ignored evidence that could have pointed to other suspects.
He also said the video quality isn't good enough for a positive identification of Custis.
Read more: http://www.dailymail.co.uk/news/art...pted-murder-prison-assault.html#ixzz4D1WIlyr3
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