State v. Kalmio - No. 20130074
Omar Kalmio appeals from a district court's judgment convicting him of four counts of murder after a jury trial.
Kalmio was charged with murdering Sabrina Zephier, Jolene Zephier, Dylan Zephier and Jeremy Longie on January 28, 2011. Sabrina was found in her apartment, and the other three victims were found in their home. All the victims were killed by gunshot wounds to the head. The same firearm was used to kill all four people. The firearm never was located. Kalmio worked at the oil rigs near Williston at the time and asserted he was there the night of the murders. The State asserts that a white truck was seen near Sabrina's apartment the night of the murder, which resembled the trucks available to employees like Kalmio. The State also moved to admit hearsay testimony and testimony regarding Kalmio's prior bad acts. The district court issued an order addressing the admissibility of the testimony of each witness. After a jury trial, Kalmio was convicted of four counts of murder and sentenced to four consecutive life sentences without the parole.
On appeal, Kalmio argues the judgment should be reversed because the district court abused its discretion in allowing hearsay testimony and testimony regarding his prior bad acts, in denying his request for an alibi jury instruction and in denying his motion for mistrial on the grounds of prosecutorial misconduct. Kalmio also asserts the evidence is insufficient to sustain a guilty verdict.