Latina Byrd, 46, of Newark, pleaded guilty on Jan. 20 to a hindering charge for withholding a financial ledger during the theft investigation
NEWARK -- A Newark firefighter may seek to retract her guilty plea to a hindering charge for withholding a financial ledger while she was under investigation for allegedly stealing from her fellow firefighters, her attorney said on Friday.
On the day Latina Byrd was scheduled to be sentenced, her attorney, Mark Cheser, said during a court hearing that Byrd was considering whether to file a motion to withdraw her guilty plea.
Cheser, who began representing Byrd recently, told Superior Court Judge Peter Ryan that he needed to discuss the potential motion with Byrd.
"I believe there's grounds," Cheser told the judge. "The question is whether it's in her best interests."
Outside the courtroom afterward, Cheser declined further comment on the possible motion.
When she was scheduled to go on trial on a third-degree theft charge, Byrd, 46, of Newark, pleaded guilty on Jan. 20 to the disorderly persons offense. At the time, Byrd was represented by attorney Kendal Coleman.
Under a plea agreement, prosecutors are recommending that Byrd be ordered to pay between $150 and $200 in fines and fees as her sentence, according to Katherine Carter, spokeswoman for the prosecutor's office.
The theft charge Byrd had been facing could have meant between three and five years in state prison if she was convicted at the trial.
Prosecutors also are seeking that Byrd be forced to forfeit her job and pay restitution, Carter said. Byrd had agreed to pay restitution, but the defense has claimed she should be able to keep her job, according to Carter.
During the sentencing hearing, Ryan was expected to hear oral arguments and rule on the forfeiture issue.
The case involves a fund Byrd was responsible for managing for firefighters at the Engine 19 firehouse on Frelinghuysen Avenue in Newark, authorities said. Firefighters pooled together money in the fund to help pay for cable, supplies and other incidental expenses at the firehouse, authorities said.
When she pleaded guilty, Byrd admitted she concealed and did not turn over the fund's ledger when she was ordered to do so, authorities said.
As part of her plea agreement, Byrd admitted she knew, when she withheld the ledger, that she was being investigated for allegedly stealing between $200 and $500, authorities said.
Byrd did not admit to stealing any funds and only pleaded guilty to her refusal to turn over the ledger, Carter said.
Authorities had alleged Byrd failed to deposit around $2,000 into the fund and failed to pay bills it was intended to take care of. Instead, authorities claimed Byrd used the money for personal expenses.
After Byrd was indicted in November 2014, she remained on duty at her job with the fire department's Community Relations Division. Byrd is a 14-year veteran of the city's fire department.
A department spokesman on Friday did not respond to questions about Byrd's current employment status.
Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.