Closing arguments set for Tuesday in David Prevatte murder trial after judge dismisses statutory rape charge

PENDER COUNTY, NC (WWAY) — Closing arguments are expected to begin Tuesday morning in the murder trial of a Pender County man accused of killing his 5-year-old niece in 2017.

Prosecutors rested their case Monday, Oct. 12, in the trial of David Wesley Prevatte, 27, who is accused in the death of Paitin Fields.

Fields was found unresponsive inside a Pender County home in November 2017 and died three days later.

On Monday, the judge dismissed the first-degree statutory rape of a child by an adult charge against Prevatte following a motion from the defense citing a lack of DNA evidence.

Prevatte was originally charged with first-degree murder, first-degree statutory rape of a child by an adult and first-degree sex offense with a child by an adult.

Prosecutors allege Prevatte strangled and sexually assaulted Fields. His defense attorneys have argued that he did not hurt his niece and was instead trying to save her life after she was found unresponsive.

During opening statements, defense attorney Luther Johnson Britt III told jurors that Prevatte accompanied Fields to the hospital and attempted to revive her.

“David was in the back seat with Paitin, holding her in his arms, trying to get her to breathe, trying to get her to respond,” Britt said.

Throughout the trial, jurors have heard testimony from medical professionals, investigators and members of Fields’ family.

Dr. Brian McGrath, who treated Fields at Pender Memorial Hospital before she was transferred to New Hanover Regional Medical Center, testified that her injuries were consistent with strangulation.

McGrath said there was no medical condition or infection that would explain the combination of physical injuries and severe neurological damage Fields suffered.

When asked whether he believed the injuries were nonaccidental, McGrath responded, “I do.”

Fields’ grandmother, Lisa Hunt, who is also Prevatte’s mother, testified that she found Fields unresponsive on a couch.

“I walked in there and I cut the TV down and I turned around and I seen Paitin on the couch seizing,” Hunt testified.

Hunt said Fields had been sick that weekend and testified that she did not see any marks around the child’s neck when she found her.

Fields’ grandfather, Dale Hunt, also testified that Prevatte performed CPR on the child while they rushed her to the hospital.

“David was giving her mouth-to-mouth,” Hunt testified.

Dale Hunt also testified about an incident earlier that day involving Fields’ older sister, who he said had placed a dog leash around Fields’ neck.

The defense has raised that incident while challenging the prosecution’s explanation of how Fields suffered her injuries.

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

Closing arguments are scheduled to begin Tuesday morning, Oct. 13, at the Pender County Judicial Annex in Burgaw.

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