Woman uses her ‘small child’ to avoid arrest, then spits, kicks at police

Zyla Butler was initially abusive, before lashing out physically and spitting at police. She was told next time she appears in court she'll be going to jail.

A Hamilton woman used her small child to avoid being handcuffed, then proceeded to kick and spit at an officer once she was eventually put into a patrol car, leaving him with a suspected concussion.

Zyla Adonia Loudene Monilita Brittany Tigerlilly Butler had an active warrant out for her arrest, and on January 23 this year officers found her in the kitchen of an Ulster St motel.

After being told she was under arrest, she became argumentative and claimed she’d already appeared in court.

She wanted to show them papers, and officers said she would need to be held by one arm.

Butler, 26, was holding her small child in the other arm and began calling officers “pig shits”.

She continued the abuse before saying “if you don’t let go of my arm I’m going to back slap you”.

Given her behaviour, the officers said she would need to be put in handcuffs, when she began “thrashing her body, locking her arms and using her child to prevent police apply handcuffs”, court documents state.

She eventually gave her son to a bystander, was handcuffed, and then put in the patrol car.

However, as the officer was closing the car door she spat at him, splashing over his arm, head, and neck.

One officer then restrained her as the other sought a spit hood but she began kicking her legs out of the car.

As the officer grappled to get her back in the car, Butler got her right leg free and kicked him in the head multiple times.

The officer suffered bruising to the right side of his face and a suspected concussion.

Butler appeared for sentence on a charge of aggravated assault, as well as three charges of driving while disqualified from July, August, and September this year, a charge of driving with excess breath alcohol level of 775mcg, and two of breaching court bail.

She had earlier accepted a sentence indication from Judge Simon Menzies of 10 months’ prison with the option of an electronically-monitored sentence instead.

Crown prosecutor Bolivia Newton said given Butler’s poor record of compliance and “significant” criminal history, she should either go to jail or be given home detention.

However, she received a positive pre-sentence report which recommended community detention and intensive supervision.

Judge Menzies said while he was prepared to adopt that sentence, he did issue her a final warning.

“What you do need to do is take this sentence as a warning and an opportunity.

“You could well have gone to jail for this offending.

“If you are back before the court, breaching your conditions or offending again, you can anticipate an outcome of imprisonment because you are being given a chance here on the basis that you seem to be recognising that you need to sort yourself out and you have got responsibilities with a young child.”

On all charges, Butler was sentenced to six months’ community detention, 12 months’ intensive supervision, and disqualified from driving for 18 months.