NEWARK

— A woman charged with dropping her pit bull puppy down a trash chute was denied a motion today to enter a pre-trial intervention program, likely sending the more than 2-year-old case to trial.

Kisha Curtis, 29, appeared in court with her attorney, Mark Rojas, who filed the appeal with Judge Joseph Cassini after the state rejected Curtis' application for pre-trial intervention in February.

Curtis was arrested in March 2011 after the pit bull (later named Patrick for St. Patrick's Day) was found nearly dead in a Newark Dumpster. The prosecutor's office offered her a plea deal which would have called for an 18-month jail sentence. Curtis rejected the deal.

She was indicted on one count of fourth-degree animal cruelty, a charge that would carry a presumption of non-incarceration. Curtis has no prior criminal record.

The state determines who qualifies for pre-trial intervention, but its findings can be challenged and, in rare occasions, a judge can overturn the decision if he finds there was a "patent and gross abuse of discretion."

Kisha Curtis appears in court with her attorney Mark Rojas. Curtis, charged with animal cruelty, will not enter a pre-trial intervention program.

Cassini denied the motion finding "no clear errors in judgment."

Pre-trial intervention is a program that provides defendants, generally first-time offenders, alternatives to prosecution. The program affords those who complete PTI no record of conviction and early resolution of their case.

In a brief interview outside of the courtroom Curtis called the denial of the motion "aggravating," but said, "everything happens for a reason," before quickly getting onto an elevator.

Curtis has denied abusing the animal, saying she left him in the hallway.

An attorney for the Associated Humane Societies attended as did a few animal rights advocates who have been present at every court hearing in the case.

The Humane Society has filed a civil suit with the city seeking ownership of Patrick. The dog currently lives in the home of Patricia Smillie-Scavelli, administrator of the Tinton Falls veterinary facility where Patrick was treated.

The final decision on Patrick's permanent home will likely be made after Curtis' criminal case concludes.

The judge set a May 24 status hearing to set a trial date.

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