Shawn Custis, 44, of Newark, said he was not interested in the 20-year prison term he would receive if he entered a guilty plea in the alleged 2013 home invasion attack Watch video
NEWARK -- Instead of pleading guilty in the case, a Newark man indicated on Friday he wanted to go to trial on charges of beating a Millburn woman in a 2013 home invasion attack caught on a "nanny-cam."
Shawn Custis, 44, said he was not interested in the 20-year prison term he would receive if he entered a guilty plea. That figure represents the maximum sentence for the most serious charges against Custis.
But during Friday's hearing, Superior Court Judge Ronald Wigler reminded Custis that, due to his criminal record, he would be eligible for an extended prison term if he is convicted at the trial.
That extended term means that if Custis is convicted of a charge that normally carries a maximum prison sentence of 20 years, Custis could be sentenced to 40 years in prison, according to Wigler. Custis would then have to serve at least 85 percent of that sentence before becoming eligible for parole, Wigler said.
"You understand that?" Wigler asked.
"Yes," Custis replied.
The judge said jury selection is scheduled to begin on Nov. 4 and opening statements would occur on Dec. 2.
MORE: Trial date set for accused 'nanny-cam' attacker
In May, Wigler ruled Custis is competent to stand trial after hearing testimony from two doctors. One doctor evaluated Custis for the defense and the other evaluated him on behalf of the state.
The judge found the state's expert to be "somewhat more credible." That doctor determined Custis understood the nature of the charges, could assist in his defense and understood the court procedures and roles of the parties involved, including the prosecutor, defense attorney, judge and jury.
Custis 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.
Authorities allege Custis kicked, punched and threw the woman down the basement stairs as her daughter sat on the living-room couch. Her 18-month-old son was asleep in an upstairs bedroom. Custis also stole various items from the house, authorities said.
During Friday's hearing, Essex County Assistant Prosecutor Jamel Semper, who is handling the case, said the evidence against Custis includes the video and DNA evidence showing that the victim's blood was found on Custis's clothing.
But Custis later said, "I never seen no video." The judge said Custis's attorney, Olubukola Adetula, has the video and can show it to him.
Custis also disputed the alleged DNA evidence. "Ain't no DNA was found...on my clothes," he said.
"That can certainly be an issue at trial," the judge responded.
Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.