David Wesley Prevatte, 27, went on trial in Pender County, North Carolina, over the 2017 death of his five-year-old niece, Paitin Fields. He faced charges of first-degree murder and a statutory sex offense with a child by an adult.
However, the judge recently threw out a separate first-degree statutory rape charge because there was no DNA evidence to support it. That left two charges against Prevatte.
What Happened
According to Court TV, “Prevatte was 19 when he carried the victim into an emergency room on Nov. 13, 2017. Surveillance video played for jurors on the first day of trial showed him racing through the hospital doors carrying the child, who appeared limp and unconscious.”
WECT reported that “Dr. Brian McGrath, the attending emergency medicine physician at Pender Memorial Hospital that night… testified…it was immediately clear the child had suffered ‘non-accidental trauma.”
The outlet also cited him as saying that “in his expert medical opinion, he was “100% certain” Paitin had been strangled, testifying that no disease or infection could cause such injuries.”
The Allegations Against Prevatte
According to prosecutors, Prevatte used a pair of red earbuds found in his room to strangle his niece. They also alleged that he sexually assaulted the little girl while she was sleeping in the house where he lived with his parents and grandparents.
In her opening statement, prosecutor Shirley Smircic told the jury, “Child sexual assault and murder does not occur out in the open. It happens behind closed doors. The eyewitness, Paitin Fields, is dead. But the evidence, taken all together, can speak for her.”
Forensic pathologists testified that Paitin died from diffuse acute cerebral hypoxic ischemia due to ligature strangulation, noting that red earbuds matched the dimensions of the neck markings.
Defense of ‘Witch Hunt’
Defense attorney Luther Johnson Britt III pushed back aggressively against the state’s timeline and forensic conclusions, telling jurors that his client was the victim of a “witch hunt.”
According to Justice is a Process, Prevatte spoke about the case in a jailhouse interview. He said “he is the one who found her unresponsive, that he performed CPR, and that he and his father took her to the hospital.” He also insisted, “I had nothing to do with it.”
The defense argued that any genetic material on his clothing transferred naturally during desperate resuscitation efforts and the subsequent car ride where the young victim lost bodily function.
Forensic Experts
The defense called forensic experts who told the court that testing at the crime lab hadn’t turned up any usable male DNA from the sexual assault kit. That raised questions about the prosecution’s original allegations.
WECT also reported that there were arguments in court about missing evidence. One issue was Paitin’s underwear, which the hospital had thrown away before it could be tested for DNA.
Current Status
After the prosecution finished presenting its case, the defense chose not to call any witnesses. Prevatte also decided not to testify, confirming his decision when the judge questioned him in court.
The next steps are closing arguments set to begin on Tuesday October13, and the judge’s final instructions to the jury will come after that.
Viewers React
When recent trial coverage was shared by Law&Crime Trials on YouTube, it was titled as “Accused Uncle Refuses to Testify in 5-Year-Old’s Murder Case.” True crime followers had chance to talk about it.
One person commented, “He didn’t “refuse” to testify. He declined, as is typical for criminal defendants. These titles are absurd.”
Here are a few more responses from the discussion:
- If I’m accused of something like he is, and I’m innocent, you better believe I’m demanding to testify on my own behalf.”
- “His attorney did not put on a case but, he should have instructed him to stop with the expressions. Over confident?? Judge should not have referred to closing arguments as “speeches”.”
- “I’m glad the judge tossed it. The charge was bogus. This man did not kill that little girl. I know he’s strange. I know he smiles and laughs like a clown. But the evidence does not prove the states case.”
- “Should be an easy guilty verdict. Open and shut, cut and dry, air tight!”
- “Sad. Very sad.”
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