April 2025:
United States Attorney Alison J. Ramsdell announced that U.S. District Judge Roberto A. Lange has sentenced a Marty, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury and Kidnapping. The sentencing took place on April 25, 2025.
Ellery Zephier, age 39, was sentenced to 18 years in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $200, and restitution in the amount of $22,260.
Zephier was indicted by a federal grand jury in August 2024. Following his trial in January, he was found guilty. The conviction stemmed from incidents between July 20-25, 2024, when Zephier kidnapped and held a woman against her will in his home in Marty and assaulted her resulting in the infliction of serious bodily injury.
This matter is being prosecuted by the U.S. Attorney’s Office because the Major Crimes Act, a federal statute, mandates that certain violent crimes alleged to have occurred in Indian Country be prosecuted in federal court as opposed to State court.
This case was investigated by the FBI and the Yankton Sioux Law Enforcement. Assistant U.S. Attorneys Paige Petersen and Ann M. Hoffman prosecuted the case.
Zephier was immediately remanded to the custody of the U.S. Marshals Service.
February 2025:
A federal jury has convicted Ellery Zephier, Sr., age 39, of Marty, South Dakota, of Kidnapping and Assault Resulting in Serious Bodily Injury following a three-day jury trial in federal district court in Sioux Falls, South Dakota. The jury acquitted Zephier on two counts of Assault with a Dangerous Weapon. The verdict was returned on January 23, 2025.
The assault charge carries a maximum penalty of 10 years in custody and/or a $250,000 fine, up to three years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
The kidnapping charge carries a maximum penalty of any term of years, up to life in custody and/or a $250,000 fine, five years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Zephier was indicted by a federal grand jury in August 2024.
Between July 20-25, 2024, Zephier kidnapped and held a woman against her will in his home in Marty. During that same time frame, Zephier assaulted the woman resulting in her sustaining serious bodily injury.
This case was investigated by the FBI and Yankton Sioux Law Enforcement. Assistant U.S. Attorneys Paige Petersen and Ann M. Hoffman prosecuted the case.
A presentence investigation was ordered and a sentencing date was set for April 28, 2025. The defendant was remanded to the custody of the U.S. Marshals Service.
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