Newark woman, Haniyyah Barnes, withdraws guilty plea to throwing neighbor's dog into traffic

NEW JERSEY -- Nearly 10 months after admitting she killed her neighbor's 2-year-old Shih Tzu by throwing the dog into oncoming traffic, a Newark woman was permitted today to withdraw her guilty plea.

Superior Court Judge Richard Sules signed off on the withdrawal for Haniyyah Barnes after prosecutors agreed to not oppose her motion to rescind the plea in connection with the August 2011 incident.

Barnes, 28, had pleaded guilty on April 29 to burglary, animal cruelty and theft charges. Under a plea agreement, prosecutors had agreed to recommend a six-year prison sentence.

By taking back her guilty plea, Barnes is now expected to go to trial and, if convicted, she faces as much as 10 years in prison.

"It'll be as if this agreement never existed," Sules told Barnes during a brief hearing, adding that "you go back to square one."

Prosecutors agreed to Barnes' withdrawal of her guilty plea, because Sules indicated that if Barnes maintained her guilty plea and proceeded to sentencing, the judge would sentence her to three years in prison, according to Essex County Assistant Prosecutor Michele Miller, who is handling the case.

Since the state opposed such a three-year sentence, prosecutors agreed to take the case to trial, Miller said.

The Aug. 26, 2011 incident stemmed from a parking dispute between Barnes and Nazirah Bey, who lived two doors down from one another on Fabyan Place in Newark. Barnes has said her family had permission to use Bey's driveway.

Around 11:30 p.m. that night, Barnes previously said she became upset when Bey's car was blocking Barnes' relative's car, which was parked in the driveway.

Barnes then kicked in the front door to Bey's home and confronted her, prosecutors said. The 2-year-old Shih Tzu named Honey Bey rushed into the room and began barking at Barnes, prosecutors said.

When she pleaded guilty, Barnes admitted to grabbing the dog by the throat, going back outside and throwing Honey Bey into oncoming traffic, where she was struck by a vehicle and killed.

A Newark police officer was sitting in a patrol vehicle nearby and witnessed Barnes toss the dog into the street, prosecutors said. The officer immediately arrested her, prosecutors said.

After an Aug. 8, 2014 hearing, Nazirah Bey indicated she was angry about Barnes' effort to withdraw her guilty plea.

"It's been going on for...two, three years," Bey said at the time. "I'm just ready for it to be over with."

(NJ.com - Feb 19, 2015)