Published: November 06, 2009 09:51 pm      

Bail set at $1M for man accused in dentist slaying

FARGO, N.D. — An Oklahoma City man accused of killing a Fargo dentist in a murder-for-hire scheme made his first appearance in a North Dakota court Friday and asked a judge if he could have a jail cell by himself.

Michael Nakvinda's request baffled Cass County authorities.

"All of these cells are single cells," said Jim Thoreson, Cass County sheriff's chief deputy. "We don't expect any issues with him that are different from any other inmate."

Bail was set at $1 million cash for Nakvinda, 41, who is charged with murder, robbery, burglary and theft in the beating death of Philip Gattuso in Gattuso's home in Fargo late last month.

Authorities say Gattuso's father-in-law, Gene Kirkpatrick of Oklahoma City, paid Nakvinda, his handyman, $3,000 to commit the murder.

Nakvinda was brought to Fargo on Thursday night after his arrest at his Oklahoma City home last weekend.

Cass County prosecutor Birch Burdick said the $1 million bail is appropriate based on the nature of the crime, Nakvinda's criminal history and the severity of possible punishment. Nakvinda faces a maximum sentence of life in prison without parole if convicted of murder.

Court records show Nakvinda was a member of a violent gang that was responsible for a series of armed home invasions in Oklahoma City in the 1990s. He was sentenced to 20 years in prison after pleading guilty to kidnapping and nine armed robberies. He has convictions for concealing stolen property in 1988 and for illegal possession of a pistol in 1992.

Judge Georgia Dawson scheduled a Dec. 3 preliminary hearing for Nakvinda and appointed Steven Mottinger as his defense attorney. A spokeswoman for Mottinger said he was out of the office Friday.

Authorities said Kirkpatrick hired Nakvinda to kill Gattuso, 49, because Kirkpatrick did not like the way Gattuso was raising his granddaughter after her mother died. Gattuso's wife, Valerie, died in March after an extended illness.

Kirkpatrick, 63, has refused to waive extradition to North Dakota to face conspiracy charges. Burdick said he expects no problems with the extradition proceedings, which typically take up to two months.

"All they want to know is, 'Do you have a valid charge under North Dakota law and is this your guy?'" Burdick said.

Gattuso's brother, Roy, has said he would like to see Nakvinda and Kirkpatrick face the death penalty, which would be possible in North Dakota only if the case were tried in federal court.

Burdick said he's had brief discussions with federal authorities about the charges. "At this point I have no reason to think" it would be moved out of state court, he said Friday.

Lynn Jordheim, acting U.S. attorney for North Dakota, was out of the office Friday, his assistant said.

"My ears are always open to victims and their families," Burdick said. "What we do with that will be our determination to make."