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Belmont man accepts plea deal in death of 6-week-old boy he was trying to adopt

The baby boy was found suffering cardiac arrest and later died of injuries caused by child abuse, officials determined.

GASTON COUNTY, N.C. — Van Erick Custodio, a Belmont man convicted of killing a 6-week-old boy he was in the process of adopting, accepted a plea deal in court Tuesday.

Custodio will spend between 23 and 28 years in prison for the April death of Lucas Birchim. He was charged with felony child abuse for the severe bodily injury he caused the boy. He was ultimately convicted of second-degree murder.

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On April 1, first responders went to the home on Prancer Lane. They found Birchim suffering from cardiac arrest. Birchim was taken to the hospital where he later succumbed to injuries caused by the abuse.

Custodio was arrested on April 11 in York County, South Carolina and was extradited back to Gaston County, where he had been held on a half-a-million-dollar bond. 

Custodio apologized before the court Tuesday as he accepted the plea.

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Custodio taught computer science at Belmont Abbey College, NBC News reported. A spokesperson for the college said he was hired in 2019. At the time of the alleged incident, he was not teaching after requesting family leave.

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