Judge moves Prevatte retrial to Onslow County, sets 2027 date
BURGAW, NC (WWAY) — The retrial of 27-year-old David Prevatte, who is charged in the 2017 death of his 5-year-old niece, Paitin Fields, will take place in Onslow County following a judge’s ruling Friday.
Prevatte appeared before Judge Frank Jones in Burgaw as prosecutors and the defense discussed moving the retrial out of Pender County because of the extensive attention the case has received.
“My goal is to get it somewhere other than where it’s so saturated,” said Prevatte’s attorney Johnson Britt.
Britt said the case’s exposure has made it difficult to find a location where potential jurors may have had less exposure to information about the proceedings.
“It’s been made a little more difficult because of Court TV broadcasting the case when we were here a couple of months ago. Apparently, it’s still being watched on the internet, so in reality, there are probably a few places in this part of the state where we could go,” said Britt.
The retrial will now take place in Onslow County. Britt said he is unfamiliar with the court system there but hopes the move will help limit the influence of previous coverage.
Britt also said the first trial gave him a better understanding of the state’s strategy heading into the retrial.
“I know where the state’s coming from. I kind of pinpointed where they were coming from. I was a prosecutor for 30 years, and so the game plan pretty much follows the same in every prosecution,” said Britt.
Prevatte’s first trial ended in a mistrial after jurors were unable to reach a unanimous verdict, leaving the case unresolved and setting the stage for a retrial.
Local criminal defense attorney Thom Goolsby said finding impartial jurors is an important part of ensuring a fair trial, particularly in cases that receive significant public attention.
“You don’t have to find a jury that knows nothing. You have to find jurors that are impartial,” said Goolsby.
Goolsby said the goal is to identify potential jurors who have not already formed strong opinions about the case.
“You just can’t have jurors that have already made strong opinions. That’s what you’re staying away from,” said Goolsby.
He said attorneys use a process known as voir dire, or jury selection, to question potential jurors and identify possible biases.
“Well, we have a voir dire, and it’s one of the most important things that I, as a trial lawyer, engage in. That is when you pick the jury. Yes-or-no questions for me are not things I like to ask. I like to ask open-ended questions, find out if the jurors have formed any opinions. You count on the jurors to be truthful,” said Goolsby.
The judge ruled that the retrial will begin May 3, 2027, in Onslow County. All pretrial proceedings will continue to be held in Pender County.
