Woman files lawsuit against City of Fall River alleging domestic violence coverup concerning former officer

A former Fall River woman is suing the City, the Police Department, and several current and former officers stating there was a coverup concerning domestic violence against her.

According to a lawsuit filed on behalf of Brenna Custadio which was made known to us by an acquaintance, her then husband and former Fall River police officer Bryan Custadio assaulted her on multiple occasions, charges Bryan recently pled guilty to.

The filing alleges that on October 15, 2021, Brenna was working in a coffee shop that the couple was set to open when Bryan returned from the basement with an axe. He raised the axe and “made a swinging motion toward an espresso machine but stopped before striking it. He then turned toward her, holding the axe and making threats. Custadio begged him to put the axe down and return her cell phone. Bryan eventually put the axe down, kept the telephone, and left the house.”

The complaint went on to say that “Brenna ran outside and approached Bryan’s Jeep, asking him to return her phone. Bryan aggressively put the Jeep in motion in her direction, causing Brenna to back off. As she backed away, Brenna hit the Jeep window. Bryan stopped and jumped out of the Jeep. Brenna started to run away. Bryan caught up to Brenna, grabbed her by the hair, and pulled her into the house. Once inside, Bryan grabbed Brenna by the neck and began to choke her. Bryan strangled her with such force that she felt like she was underwater and could not breathe, could not hear anything, and was gasping for air. Brenna attempted to escape into the bedroom. Bryan followed her into the room. He demanded that she leave and told her she could not stay there. Brenna begged Bryan to leave her alone. Bryan responded by re-grabbing Brenna by the neck, dragging her across the bed, and throwing her on the bedroom floor.”

Also alleged in the lawsuit, on the morning of October 20, 2021, after words were exchanged, “Bryan charged at Brenna, swept her legs, and threw Brenna to the ground. He then held Brenna down and choked her again. The loss of breath caused Brenna to lose her hearing. After
he choked her, Brenna was limp and lying on the floor. As she was coming to, Brenna heard Bryan say, I hope you’re f****** dead.”

In another incident alleged in the filing, on the morning of November 28, 2021, Bryan was working as a Fall River Police Officer in a patrol car. While on duty, Bryan went to the couple’s home and began removing items. “Bryan grabbed Ms. Custadio and began pulling her into the house. Ms. Custadio struggled to try to remain outside. However, Bryan overpowered Brenna, and he dragged her into the home. He then pushed her into a group of filing cabinets and threw her onto the floor. While Ms. Custadio was on her stomach, Bryan placed his knee on her back and arched her back by pulling her hair to get her cellular telephone, which she had protected under her torso. Eventually, after a struggle, Bryan forcefully took Ms. Custadio’s telephone. She got up and ran into the hallway. Bryan followed her, and he finally threw the phone at her. Once she got the telephone, she called 911.”

The complaint states that after the reported assault, Bryan deleted the home security videos of the assault and battery, and he called his Supervisor, Sgt. Michael DiGangi. Officer Jonathan Souza, the Union Representative for Fall River Police Officers, and another unknown officer in training were dispatched to the scene. Shortly after that, Souza’s supervisor, Sgt. James Thorpe and Sgt. Paul DiGangi arrived at the scene. Custadio’s service handgun was confiscated, however, the lawsuit alleges that police did not arrest Bryan at the scene, they did not take any photographs of the scene or Ms. Custadio’s injuries, and that Bryan was allowed to leave in a police cruiser with a police officer-issued shotgun. Bryan later turned himself in and Brenna stated she was discouraged from filing a restraining order by police before officers arranged the on-call judge to issue a 209A restraining order.

The filing alleges that in his report, “DiGangi misrepresented facts and minimized the seriousness of the prior assaults” to “place Bryan in a better light when the prosecutor reviewed the report for the court.” The filing also accuses officers of not following proper procedures.

Brenna was forced to abandon her coffee shop, according to the complaint, because she was afraid to live and work in Fall River which led to her moving out of the city.

Bryan Custadio was terminated by the Fall River Police Department in the summer of 2022 and was suspended by the POST Commision in January of this year.

The Law Office of Christopher Markey filed the complaint in Bristol County Superior Court.