Shawn Custis is charged with attempted murder and related offenses in the 2013 home invasion attack in Millburn Watch video
NEWARK -- At Shawn Custis's trial on charges in a 2013 home invasion attack in Millburn caught on a "nanny-cam," an Essex County Sheriff's officer testified Tuesday that he admitted committing that offense during an altercation last month in a holding cell area.
Alexis Perozo, a detective with the sheriff's department, told jurors Custis threatened her during the March 9 incident by using an expletive and saying he would "bash your face in like I did that (woman) in Millburn."
"I could hear him clearly," Perozo said. "I could see him clearly."
But Custis's attorney, John McMahon, challenged Perozo about how she has said she was "bothered" by the case and he suggested Perozo was racially biased against Custis. Perozo is Caucasian and Custis is African-American.
Perozo acknowledged the case bothered her, but said, "I don't care about these individuals," referring to defendants being held in custody.
"I deal with many individuals," she said. "I don't hold any resentment for their charges. It was the video that disturbed me."
McMahon then questioned Perozo about whether those defendants in custody are individuals "who are predominantly black."
Essex County Assistant Prosecutor Jamel Semper immediately objected to the question and Superior Court Judge Ronald Wigler sustained the objection. Perozo did not answer the question.
When Perozo later answered questions from Semper, she said she was not biased against Custis or angry at him, and she said she did not lie in her testimony.
Custis, 45, of Newark, is charged with attempted murder, aggravated assault, endangering the welfare of a child, robbery, burglary, criminal restraint and theft in connection with the June 21, 2013 incident.
Custis is accused of breaking into the victim's house and kicking her, punching her and throwing 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.
The incident involving Perozo allegedly took place in the holding cell area adjacent to Wigler's courtroom after Custis had appeared before the judge for a hearing in the "nanny-cam" case.
On the witness stand on Tuesday, Perozo said she was in the holding cell area removing a defendant when she overheard Custis and another defendant speaking loudly to each other. Custis and the other defendant were inside a holding cell at the time, Perozo said.
Then as Perozo was standing outside the cell in front of Custis, he allegedly used an expletive and told her that when the cell gate opens, he would "bash your face in like I did that (woman) in Millburn," according to Perozo.
Perozo said she documented that exchange in a report she wrote the following day, but McMahon challenged her about she did not take any notes about the incident on the day it allegedly occurred.
In a pretrial hearing, Perozo also claimed Custis said he was "already getting thirty years" and that he was not worried, and that he spit in her face and the face of another sheriff's officer. But Wigler prohibited those alleged details from being presented at the trial.
Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.