Case Explained: United States of America v. Ellery Zephier, Sr

Court: United States Court of Appeals for the Eighth Circuit

Filed: 2026-07-07

The eighth-circuit affirmed Ellery Zephier, Sr.’s convictions for kidnapping and assault resulting in serious bodily injury. The court held that the district court did not abuse its discretion in admitting evidence of a prior 2023 assault and kidnapping under Federal Rule of Evidence 404(b) to prove intent, finding that Drapeau’s testimony alone was sufficient to support the prior act and that any potential prejudice was not substantially outweighed by probative value, particularly given the limiting instruction provided to the jury. Regarding the Sixth Amendment Confrontation Clause, the court ruled that limitations on cross-examination did not violate Zephier’s rights because he was permitted to explore Drapeau’s credibility regarding her delay in reporting and her desire to relocate, and the restrictions were reasonably protective against opening the door to highly prejudicial speculation about a third party’s death. Finally, the court determined that sufficient evidence supported both convictions, concluding that the victim’s testimony, corroborated by medical records, officer testimony, and expert evidence on domestic abuse dynamics, established beyond a reasonable doubt that she was held against her will through physical and mental restraint for an appreciable period and suffered serious bodily injuries from intentional assaults. The judgment of the district court is affirmed, leaving the convictions in place.

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