Yellowknife (Feb 06/06) - A former RCMP constable awaiting a new trial on a second-degree murder charge has been convicted of assault.

In territorial court, Tuesday, James Elias, 42, formerly from Tuktoyaktuk, was sentenced to two months in jail on each of two charges, assault and breach of undertaking.

The incident took place in Norman Wells on Sept. 25, 2005. At the time Elias was on bail awaiting a new trial in the Feb. 23, 2003, shooting death of his brother Brian during a drinking party in Tuktoyaktuk.

In the Yellowknife courtroom, the Crown attorney said Elias was visiting a woman at her mother's house when he became agitated when the woman refused to leave with him.

According to evidence in court, an argument ensued, leading up to an intoxicated Elias throwing the victim to the floor, swearing at her and picking up a computer monitor and throwing it to the floor.

Court was also told that Elias picked the woman up from the floor and dragged her out of the residence, swearing at the woman, who was two months pregnant at the time.

"You don't control her," said Judge Brian Bruser.

"You were on recognizance and now you are back in custody and will remain so."

Elias' May 2005 trial on the murder charge and two other charges in connection with the same incident ended in a hung jury.

A new trial was ordered by Justice Paul Chrumka to be held in Yellowknife.