SOMBA K'E/YELLOWKNIFE - A Yellowknife woman who flicked her blood at a police officer from a dripping wound on her wrist has been found guilty of assault but she will not go to jail.

Ebony Maitland, 30, was found guilty of assault for deliberately flicking her blood at a police officer during a July 2008 incident. - NNSL file photo

In territorial court Wednesday, Judge Brian Bruser suspended Ebony Maitland's sentence, opting instead for one year of probation, during which time Maitland will have to complete 100 hours of community service.

Maitland, 30, was found guilty of assaulting a police officer for using her blood with criminal intention and of mischief for smearing her blood over the front interior of a police car.

"It was an intentional act of flicking blood fuelled by rage over everything that preceded it (the incident) and by the prospect of going to jail," said Bruser.

"Const. (Phil) Unger did not consent to being bloody," he added.

Indeed, Unger was extremely concerned about any diseases he may have contracted until his tests came back negative, said Crown prosecutor Janice Walsh, adding Maitland didn't consider the officer's well being when she flicked blood at him.

On July 6, 2008, police were called to Maitland's apartment after someone reported a domestic disturbance involving Maitland and her fiance. Officers arrived at about 5 a.m.

Maitland had been drinking heavily all night and arguing with her fiance. Before police arrived she had smashed her arm through a two-pane glass window, cutting her wrist and hand. It was still bleeding profusely at the time of her arrest and she later required eight stitches.

Defence lawyer Jay Bran argued that police used excessive force when arresting Maitland by dragging her across the gravel parking lot by her hair, kicking her in the bum, pepper spraying and laughing at her.

Bran said Maitland's blood landed on Unger's face, forehead and chest when he asked to see her injury and she extended her hand.

Bran asked Bruser to stay Maitland's charges. Bruser rejected the request and the argument of excessive force.

"Their (the officers') use of force was not trivial, but that does not make it improper," Bruser said.

Walsh had asked that Maitland serve jail time of 30 to 60 days. She also suggested the possibility of Maitland doing community service work in conjunction with the RCMP.

Bran rejected the idea.

"Ms. Maitland, to be quite honest, is scared of the RCMP," he said.

He added Maitland has lost trust and faith in the police, and while she respects Bruser's decision, she does not agree with it.

Bruser ruled Maitland will not have to do her community work with the police, but added the decision not to send her to jail was "right on the line."

In addition to serving one year probation, Maitland will also have to pay a $63 fine - the cost of cleaning the RCMP car - and a $100 victim surcharge.