David Prevatte murder retrial moved to Onslow County, set for May 2027

PENDER COUNTY, NC (WWAY) — The retrial of David Wesley Prevatte in the death of his 5-year-old niece, Paitin Fields, will be held in Onslow County after a judge determined he could not receive a fair trial in Pender County.

During proceedings Friday, Nov. 13, the judge, prosecutors and defense attorneys discussed the state’s motion to change the trial’s location because of extensive publicity surrounding the case.

The judge granted the motion, ordering the retrial transferred to Onslow County and setting a trial date of May 3, 2027.

All pretrial proceedings will continue to take place in Pender County.

Change of venue follows October mistrial

The decision comes nearly a month after a judge declared a mistrial on Oct. 15 following allegations of juror misconduct during deliberations.

The misconduct investigation began after jurors reported that another juror had shared information about Prevatte and the case that had not been presented during trial.

The juror was ultimately dismissed after the judge determined she had failed to disclose information known before the trial and had not been truthful when questioned.

Prosecutors subsequently filed a motion on Oct. 19 requesting that the retrial be moved outside Pender County.

In the motion, the state cited extensive local news coverage, the trial’s live broadcast on Court TV and public comments made by former jurors following the mistrial.

Prosecutors argued that moving the trial was necessary to ensure both sides received a fair trial.

Friday’s ruling grants that request, with Onslow County selected as the location for the second trial.

Background of the case

Prevate is accused in the 2017 death of his 5-year-old niece, Paitin Fields.

Fields was found unresponsive at a home on Blackwater Drive in Pender County on Nov. 13, 2017. She was taken to Pender Memorial Hospital and later transferred to New Hanover Regional Medical Center, where she died three days later.

During the first trial, prosecutors argued that Fields had been strangled and sexually assaulted and that Prevatte was responsible for her death.

The defense maintained that Prevatte did not harm Fields and instead tried to save her life after she was found unresponsive.

On Oct. 12, the judge dismissed a separate first-degree statutory rape of a child by an adult charge after a defense motion challenging the sufficiency of DNA evidence.

Prevate was identified as a suspect in 2018 and arrested in 2022.

His retrial is now scheduled to begin May 3, 2027, in Onslow County, while any remaining pretrial matters will be handled in Pender County.

or previous coverage of the case, visit WWAY’s Paitin Fields coverage.