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A now-retired U.S. National Guard recruiter accused of sexually assaulting a teen was released from jail Friday.
Shawn Nguyen, 44, of Egg Harbor Township, allegedly forced the girl to drink alcohol and then sexually assaulted her inside his car while parked behind the Hamilton Mall.
The girl's boyfriend called police after she sent text messages to him and her best friend asking for help and telling them to call 911, Assistant Prosecutor Elizabeth White said during a detention hearing.
The incident happened June 28, 2022, but Nguyen was not charged until this January. He was arrested Monday.
White told the judge the case was "layered" in explaining why it took so long to charge Nguyen. That included DNA testing and confirming the proper charges were applied due to his military status.
Staff Sgt. Shawn Nguyen retired since the allegations first arose, his attorney said.
Nguyen met the girl as a military recruiter and also gave her a job at the family's nail salon in Galloway Township, White said.
The day of the alleged attack, Nguyen picked the girl up from the salon and took her to his home, where he helped her study for the Armed Services Vocational Aptitude Battery test, she told police. He then suggested they go to the gym.
But instead of driving to the gym, he gave the girl a margarita bottle and told her to drink as they drove, according to the charges. He then parked in the lot near the loading dock of the old Sears at Hamilton Mall, where he sexually assaulted her as she fought him off.
White detailed an assault that included Nguyen using wet wipes to clean his DNA off the girl and tossing it out the window.
He apparently then drove them to the Wawa down the road, where police responded for a distressed juvenile who was possibly assaulted.
The girl told police that Nguyen had sexually assaulted her the day before, but that "she didn’t want to say anything because he promised her a military job and told her if she said anything it would ruin her career," White said.
The investigation led to surveillance video showing Nguyen's car parked in the spot where the girl alleged the assault occurred. They also found a discarded wet wipe.
A rape kit was completed, and the DNA matched Nguyen, the state claims.
He was charged Jan. 17, but detectives had problems finding him,White said.
"Even his own wife claimed that she didn’t know where he was," she said.
But defense attorney John Zarych questioned why the girl's initial allegations would not have led to at least some charges, and theorized that the there were some issues with the case.
He presented his client as a family man with an exemplary military career that included several commendations. He also presented character letters to the court.
One of those letters, White alleged, was from the daughter of Nguyen's friend, who indicated she could have been targeted as well.
She said that Nguyen would text her and encourage her to go to the gym with him and invite to her to come to his home.
"This defendant is a predator and predators are a danger," White told the judge.
"Very often in these cases things can look bad initially but as time goes on things look very, very, very different," Zarych told the judge, saying he believes "there is a strong likelihood that’s the way it’s going to turn out here."
He pointed out that his client has no criminal record and, despite knowing the investigation was ongoing for a year and a half, did not run.
Both criminal history and risk of flight are considered in detention decisions.
In a Facebook post from 2021, Nguyen shared a recruiting flyer.
The public safety assessment, used under bail reform, scored Nguyen the lowest risk on each but still recommended he be detained.
Judge Patricia Wild said she was hesitant since none of the charges are ones the presume detention, and the defendants are not supposed to be held only based on the pending charges, since it "really cuts against the presumption of innocence."
She set extra conditions for his release, including not being around anyone younger than 18, and not being able to work at the nail salon.
"He’s going to have to find another job," she said. "I’m sorry, but he is not to go in the salon. I’m sure it’s populated by mostly a female clientele, and I’m sure some of those are under 18."
He can have no contact with the victim or her family. His family also is barred from contact, after White alleged several have tried to get the girl and her family to drop the charges.
They have texted, called and even come to the girl's home, White said.
Zarych said both families are Vietnamese, and that it's not unusual for families in that community to try work things out among themselves.
Wild said if it happened again, she expects the state to file something.
