Shawn Custis's attorney objected to a witness's comment that she was scared of him Watch video
NEWARK -- After watching a "nanny-cam" video of a man whom she believes was Shawn Custis beating a woman during a 2013 home invasion in Millburn, a witness said on Wednesday at Custis's trial that she became "scared" of him.
The witness said she had known Custis for a few weeks and he was recently angry about her telling him to not call her anymore. Given those "angry words" and the brutal attack in the video, the witness said she grew fearful of Custis and told her grandson to lock the windows and doors at her home.
Based on those comments, Custis's attorney, John McMahon, later called for a mistrial, saying Custis was "severely prejudiced" by the witness's testimony that he posed a threat to her.
But Superior Court Judge Ronald Wigler denied the mistrial request and said the witness's testimony appropriately provided context for her claim of recognizing Custis as the assailant in the video.
Custis, 45, of Newark, is facing attempted murder, robbery, burglary and related charges in connection with the June 21, 2013 incident.
Authorities have said Custis broke into the victim's house and kicked her, punched her and threw her down the basement stairs. The woman's 3-year-old daughter was sitting nearby on the living-room couch and her 18-month-old son was asleep in an upstairs bedroom, authorities said.
Custis also stole various jewelry items and a cell phone from the residence, authorities said. The attack was captured on a "nanny-cam" video.
A week after the incident, Custis was arrested after the video had been released to the media and Custis was identified as a suspect.
The witness who testified about being scared of Custis is among four witnesses expected to testify during the trial about being familiar with Custis and identifying him as the attacker in the video in statements to the police.
Pointing to Custis's body type and his "offbeat walk," the witness said on Wednesday that she was "one hundred percent sure" that Custis is the man in the video.
The other three witnesses include a girlfriend of Custis at the time, her daughter, and another woman who had a personal relationship with Custis.
On the witness stand on Wednesday, the daughter of Custis's then-girlfriend testified that she was home when she saw the video on a News 12 New Jersey broadcast and she recognized Custis as the assailant.
The daughter said she then came to her mother's bedroom, where her mother and Custis were on the bed, and she told them Custis was "in the news." Custis denied he was the man in the video and left the house soon afterward, she said.
She said she was certain that Custis was the attacker, because in the video, Custis was wearing "the same outfit that he had on that day," referring to the day she saw the video. She also said she identified Custis as the assailant based on "his walk" and "his whole appearance."
Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.