The trial of Omar Kalmio took a big step toward its conclusion today.
The prosecution presented its final witnesses in the case - a case claiming Kalmio murdered four people in Minot two years ago.
Shaun Sipma reports that the defense also rested its today - without calling a single witness.
After calling 51 witnesses the Prosecution rested it's case against Omar Kalmio
Defense Attorney Kerry Rosenquist then called for dismissal.
(Kerry Rosenquist, Defense Attorney) Make a motion under Rule 29. Dismiss this case. The State has failed to prove its case. They can't put Mr. Kalmio in Minot on the date and time that these murders took place and I'm going to leave it simply at that."
The Defense contends that following testimony given Friday morning from Minot Lead Detective Dave Goodman, the State has no evidence either direct or circumstantial to prove Kalmio's involvement in the murders.
(Kerry Rosenquist, Defense Attorney) "There's no evidence, none that puts Mr. Kalmio In Minot Pre that the time that this happened."
Prosecutor Kelly Dillon Countered that in the two year investigation Omar Kalmio was the only person with motive to commit the murders.
(Kelly Dillon, Ward County Assistant State's Attorney) "He had made threats not only Sabrina Zephier and also to Jolene Zephier and her entire family. The evidence is there is ample time to make the trip from Williston to Minot commit these murders and return."
Following a short recess for consideration Judge Doug Mattson laid out the summary of evidence that has been presented by the state and denied the motion of dismissal.
(Judge Doug Mattson, Northwest District Court) "Sabrina, injuries that were received. She was shot twice. A gunshot wound, a gunshot to another person at close range, that's personal."
Judge Mattson also cited the gap in time from 12:30am on the 28th when Omar was last seen sitting outside his sleeping quarters in the white work pickup with his brother and the next time he was seen by a coworker at around noon.
Mattson also cited the testimony from one witness that saw a similar white work truck one block from Sabrina's apartment at about 3 a.m. that morning.
Numerous other pieces of evidence offered up by the state were referenced by Mattson as his reasoning to give this case to the jury.
The Defense once again made the motion for dismissal and again it was denied.
Defense attorney Kerry Rosenquist rested their case as well, declining to call any witnesses, as Kalmio himself will not take the stand to testify.
Closing arguments are expected to be delivered Monday morning when the trial resumes.
The case will then go to the jury for deliberation.
At the Ward County Courthouse, Shaun Sipma KX News.