MILLBURN — A township police detective who was caught on a residential nanny cam using a racial slur will not be charged with a crime.

Det. Colin McMillan was at the scene of a brutal home invasion in 2013 in which the suspect beat the female resident and threw her down the stairs. The crime also was caught on the nanny cam.

The woman's 3-year-old daughter and 18-month-old son were at home at the time.

An Essex County jury in June convicted the suspected assailant, Shawn Custis, 45, of aggravated assault, child endangerment, robbery, burglary, criminal restraint and theft, but acquitted him of murder. Nevertheless, a Superior Court judge sentenced Custis to life in prison.

Custis' attorney argued that the investigation was biased because of the cop's use of the racial slur and other derogatory remarks. Custis is black.

Although McMillan will not be prosecuted, the township's Police Department can still choose to discipline him.

Sergio Bichao is deputy digital editor at New Jersey 101.5. Send him news tips: Call 609-438-1015 or email


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