Haniyyah Barnes, 28, was convicted of animal cruelty, theft and criminal mischief, but the jury could not reach a verdict on a burglary charge
NEWARK -- An Essex County jury on Tuesday convicted a Newark woman of animal cruelty and two other offenses for killing her neighbor's dog by throwing it into oncoming traffic during a 2011 parking dispute.
But the jurors could not reach a verdict on a burglary charge against Haniyyah Barnes.
The jury indicated late Friday afternoon that they agreed on three of the four charges. Jurors then continued their deliberations until about 8 p.m. before saying they wanted to resume deliberations on Tuesday. The courthouse was closed on Monday for Columbus Day.
After deliberating for less than two hours on Tuesday morning, the jurors delivered their partial verdict. In addition to animal cruelty, the jury convicted Barnes of theft and criminal mischief. The burglary charge represented the most serious offense in the case.
Superior Court Judge Ronald Wigler later revoked Barnes's bail and she was taken into custody. Wigler was filling in for Judge Richard Sules, who presided over the trial and had told Wigler he wanted to revoke Barnes's bail in the event of such a partial verdict.
The partial verdict comes about eight months since Sules in February allowed Barnes, 28, to withdraw her guilty plea in the case. 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.
For her conviction on the three third-degree charges, Barnes is likely facing a maximum prison sentence of five years in total.
Prosecutors are planning to pursue a second trial against Barnes on the second-degree burglary charge, according to Katherine Carter, spokeswoman for the Essex County Prosecutor's Office.
In a statement after the verdict was handed down, Essex County Assistant Prosecutor Michele Miller, who tried the case, expressed disappointment with the verdict.
"The state and the Bey family are very disappointed with the verdict returned today, which did not include a conviction for the count of second-degree burglary," said Miller, referring to the victim's family.
"The state's position is that the defendant's intention was overwhelmingly clear when she kicked in the door to her neighbors' home that night," Miller added. "In spite of the verdict, the state appreciates and acknowledges the hard work and effort the jury put into their deliberations.''
Barnes's attorney, Michelle Treiber, declined to comment on the verdict.
MORE: Despite late hour, no verdict for N.J. woman accused of killing neighbor's dog
The Aug. 26, 2011 incident stemmed from an arrangement between Barnes and her neighbor, Nazirah Bey, 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.
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.
After 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.
During closing statements last week, Treiber and Miller clashed over whether Barnes had committed a burglary.
Treiber argued Barnes did not kick in the door and suggested Barnes entered the home through the unlocked door after repeatedly knocking and ringing the doorbell. Treiber claimed Barnes did not commit a burglary, because she did not have an "intent" to commit an offense inside the residence. Treiber said Barnes went to the residence to get someone to move the car.
"She did not have any intent to commit an unlawful act in that residence," Treiber told the jury.
In urging jurors to convict Barnes of the burglary charge, Miller said Barnes kicked in the door and said "intent can be formulated in seconds."
"She kicked in that door and she was intent on getting noticed," Miller said. "She was intent on getting satisfied."
Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.