What happened
The Eighth Circuit affirmed Ellery Zephier Sr.'s kidnapping and assault resulting in serious bodily injury convictions Tuesday, rejecting his challenges to prior-act evidence, limits on cross-examination and the sufficiency of the government's proof.
Zephier was convicted after charges arising from his treatment of Kristy Selwyn, his ex-girlfriend, over several days in July 2024. On appeal, he argued the trial court wrongly allowed evidence involving a former girlfriend, improperly limited his ability to cross-examine her about alleged bias, and lacked enough evidence to sustain the kidnapping and serious-injury assault convictions.
The panel upheld the admission of testimony about a 2023 incident involving Angelique Drapeau, which the district court allowed for limited purposes tied to intent, absence of mistake or lack of accident. The trial court instructed jurors that the testimony could not be used as propensity evidence and also barred testimony about speculation concerning another woman's death.
On the kidnapping count, the Eighth Circuit said the jury had enough evidence to find that Zephier held Selwyn by force and fear for substantial periods, even though the defense pointed to moments when she was away from him or could have sought help. The panel wrote that "Breaks in custody while remaining under threat do not foreclose the conclusion that she was held by Zephier."
The court also rejected Zephier's reliance on an Eleventh Circuit case involving conflicted testimony and alleged opportunities to escape. Unlike that case, the panel said Selwyn's account was supported by medical evidence and witness testimony, including evidence of facial bruising, swelling, fractures, missing teeth, tenderness and blood found where she said the beatings occurred.
The panel further held that sufficient evidence supported the assault resulting in serious bodily injury conviction. Zephier argued that Selwyn's injuries could have come from intoxication and a fall, but the court said medical evidence corroborated Selwyn's testimony and that the record did not support the drunken-fall theory.
The decision leaves intact the district court's judgment against Zephier in the District of South Dakota, where Chief U.S. District Judge Roberto A. Lange presided at trial.