At a hearing Thursday, the prosecutor and defense attorney sparred over whether to adjourn Haniyyah Barnes's sentencing, because the dog's owner was not available
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NEWARK -- A Superior Court judge on Thursday postponed the sentencing of a Newark woman who has been convicted of animal cruelty and two other offenses for killing her neighbor's dog by throwing it into oncoming traffic during a 2011 parking dispute.
During Thursday's hearing, Essex County Assistant Prosecutor Michele Miller requested the adjournment of Haniyyah Barnes's sentencing, because she said the dog's owner, Nazirah Bey, was unable to attend the sentencing for the second time in recent weeks.
Miller said she spoke with Bey on Wednesday afternoon, and Bey, who is pregnant, was in the hospital. Miller said she has been unable to get in touch with Bey since then, and she assumed Bey was still in the hospital on Thursday morning.
The sentencing was last scheduled for Jan. 26, but it was postponed, because Miller said Bey's Newark street had not been plowed following last month's record-breaking snowstorm and Bey could not get to the courthouse.
But Barnes's attorney, Michelle Treiber, said during Thursday's hearing that she opposed Miller's request and said the sentencing should proceed.
Treiber argued Barnes has been in custody without bail since her conviction in October. If Barnes receives a state prison sentence, Treiber said the delays in her sentencing mean she is not earning certain credits she would receive in prison to go toward a release on parole.
"I have a client whose rights I need to protect, who's sitting there without bail waiting to be sentenced," Treiber said. "She is entitled to some finality."
But Miller countered that Bey has a right to address the court during Barnes's sentencing, and said "the victim and the state don't want this to be delayed any further than it has been."
"Especially post-conviction, she has a right to explain to the court how this incident's impacted her," Miller said, referring to Bey.
Judge Richard Sules granted the state's request and adjourned the sentencing to Feb. 24, but he stressed that the sentencing would go forward that day whether or not Bey makes an appearance.
The judge said "this case needs to have some kind of closure for all parties involved."
Barnes, 29, was convicted by a jury on Oct. 13 of animal cruelty, theft and criminal mischief. Following her conviction, Barnes's bail was revoked and she was remanded to the Essex County Correctional Facility.
Jurors could not reach a verdict on a burglary charge against Barnes, and she is expected to face a second trial on that charge.
Barnes was originally scheduled to be sentenced on Dec. 4, but the sentencing was postponed that day and three additional times before Jan. 26, court records show. During Thursday's hearing, Treiber indicated the delays involved plea negotiations over the burglary charge.
Barnes had pleaded guilty in April 2014 to burglary, animal cruelty and theft charges. Under a plea agreement, prosecutors had agreed to recommend a six-year prison sentence. But Sules allowed Barnes to withdraw her guilty plea in February 2015.
For her conviction on the three third-degree charges, Barnes is likely facing a maximum prison sentence of five years in total. The second-degree burglary charge has represented the most serious offense in the case.
The series of events leading to the dog's death began with an arrangement between Bey and Barnes, in which Bey allowed Barnes's mother to park in her driveway. Bey and Barnes lived two doors down from one another on Fabyan Place in Newark.
On Aug. 26, 2011, prosecutors have alleged Barnes became angry and ultimately kicked in Bey's front door, because Bey's car was blocking the mother's car, which was parked in the driveway.
When Bey's two-year-old Shih Tzu, named Honey Bey, began barking, Barnes grabbed the dog by the throat, went back outside and threw her into oncoming traffic, where she was struck by a vehicle and killed, prosecutors said.
A Newark police officer was sitting in a patrol vehicle nearby and witnessed Barnes throw the dog into the street, prosecutors said.
Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.