WDAY: The News Leader

Published December 02, 2010, 08:33 AM

Neighbor of Gattuso testifies about what she saw on the morning of the murder

Fargo, ND (WDAY TV) - Testimony today from what could be the closest thing to a witness of the Philip Gattuso murder. In day three of Michael Nakvinda's murder trial, a neighbor of Gattuso says she saw a silver Porsche being loaded onto a truck the morning of the murder. Gattuso's Porsche was missing from his home when he was found dead October 26th and it played a crucial role in the arrest of Michael Nakvinda.

Jamie Viker was living about a block from Gattuso's home last year when he was murdered. The morning of the murder she went outside her home to talk to a man loading a silver Porsche onto a trailer.

Viker says got little back in response, she says the man hid behind a low baseball cap awkwardly not making any eye contact, she didn't even see his face. Later she told police she thought he was 20 to 30 years old and slender with blonde hair.

"Is this is not the gentleman you saw is it?”

“I really couldn't see his hat was on his head was always down a lot of young people wear baseball caps."

Meantime prosecutors used surveillance video to paint a timeline. At 7:30, surveillance video from the Bowler shows a dark truck with a trailer attached park in the parking lot and walk toward Gattuso's nearby home.

After the meeting with Jamie around 11:30, the video shows a dark truck hauling a car out of the area. Next a witness on 32nd Avenue sees the vehicle heading toward I-29. Then just before 1 at a South Dakota rest stop just on the other side of the North Dakota border, surveillance video shows Nakvinda walking in, two minutes later he leaves.

"It appears that he changed. It appears that the jacket's off the shirt appears to be different."

To finish the picture, 5 minutes after you see Nakvinda leave the building. This image shows a dark truck hauling a vehicle on trailer exiting back on I-29 and heading south.

Gattuso's father in law told investigators he didn't want Nakvinda to take the car because it'd give authorities more leads to go on. That came from an interview just days after the Gattuso murder.

Jurors heard the entire interview today. Gene Kirkpatrick told the investigators that he did talk to Nakvinda about killing Gattuso, also saying he took video of the outside of Gattuso's home for Nakvinda, and gave him 3 thousand dollars just days before the murder.

Kirkpatrick said he thought his granddaughter’s welfare was more important than Gattuso's life.

“I just feel like he was going to ruin her life make her miserable and unhappy and she'd just have a horrible life.”

The trial is expected to last into next week.