Mistrial declared in David Prevatte murder trial following juror misconduct

BURGAW, NC (WWAY) — A judge has declared a mistrial at 3:05 p.m. on Thursday, October 15, in the David Wesley Prevatte murder trial in Pender County following allegations of juror misconduct during deliberations.

The mistrial follows an investigation into comments allegedly made by a juror about Prevatte’s background and the case.

An administrative session is scheduled for Nov. 13. The session is not an open hearing.

On Thursday, the judge began questioning jurors after Juror 2 reported that Juror 3 allegedly said, “I know more about this than I can say.”

Juror 3 was also accused of making statements about Prevatte’s background, including claims that he had been ostracized by his community after being named a suspect and that the case was “the biggest case to hit Pender.”

Other alleged comments concerned Prevatte’s personal relationships and whether he had connections to the Ku Klux Klan.

Several other jurors confirmed that comments had been made, raising concerns from prosecutors that the statements could influence the jury’s deliberations.

Juror 3 was removed for failing to disclose information known before the trial and for not being truthful when questioned by the judge about the comments.

The judge initially ruled that Prevatte could still receive a fair and impartial trial because the comments did not relate to evidence presented during the proceedings.

Background of the case

Fields was found unresponsive inside a home on Blackwater Drive in Pender County on Nov. 13, 2017.

She was taken to Pender Memorial Hospital before being transferred to New Hanover Regional Medical Center, now Novant Health New Hanover Regional Medical Center. She died three days later.

Throughout the 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 his niece and instead tried to save her life after she was found unresponsive.

During opening statements, defense attorney Luther Johnson Britt III described Prevatte’s efforts to help Fields as family members rushed her to the hospital.

“David decided the best measure was to not wait for the ambulance, but to get in their car and drive from the house to the hospital. You’ll hear about how fast they were driving. 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.”

Jurors also heard testimony from medical professionals who treated Fields after she arrived at the hospital.

Dr. Brian McGrath testified about injuries he observed, including a mark across Fields’ neck. He said the combination of physical injuries and severe neurological damage was not explained by a medical condition or infection.

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 on a couch having seizures. She said Fields had been sick that weekend with a fever and cough.

Dale Hunt, Fields’ grandfather and Prevatte’s stepfather, testified that Prevatte performed CPR on Fields during the drive to the hospital.

“David was giving her mouth-to-mouth… he said, ‘Daddy, let’s go,’ and that’s when I hit 160.”

The defense also raised testimony about an earlier incident involving Fields’ older sister and a dog leash around Fields’ neck, challenging the prosecution’s explanation of how her injuries occurred.

During closing arguments Tuesday, District Attorney Jason Smith pointed to testimony from Fields’ sister, Savannah, who described seeing Prevatte near Fields that night.

“Savannah saw the defendant standing over Peyton. Saw him wearing blue shorts. We know he’s wearing them. They’re inside the pants that everybody says he slept in that night,” Smith said.

The defense challenged the investigation, including why additional evidence was not collected and tested from the bedroom where prosecutors alleged the strangulation occurred.

“Why didn’t they seize it? Why wasn’t it tested for blood or other substances that would carry DNA and the sheriff’s department had plenty of opportunities? Two search warrants to search the entire house. Consent searches to search the entire house,” Britt said.

On Monday, Oct. 12, the judge dismissed a separate first-degree statutory rape of a child by an adult charge following a defense motion citing insufficient DNA evidence.

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

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

We will update this story as we receive more information.