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Juror drama leads to mistrial for man accused of killing 5-year-old niece

BURGAW, N.C. (Court TV) — A man accused of sexually assaulting and killing his young niece says he is innocent and the victim of a “witch hunt.”

David Prevatte, 27, has pleaded not guilty to first-degree murder, statutory rape of a child by an adult and statutory sexual offense with a child by an adult in the death of 5-year-old Paitin Fields.

David Prevatte sits in court

David Prevatte appears in court on Oct. 1, 2026. (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.

Nurses and doctors caring for the 5-year-old immediately noticed marks around her neck. When a nurse went to give her a catheter, she noticed injuries to the child’s genital area and signs of sexual assault.

Doctors declared Paitin brain-dead on Nov. 14. She was taken off life support Nov. 15, after her organs were removed for donation.

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When Paitin died, she and her 7-year-old sister were in the custody of their grandparents, who are also Prevatte’s mother and stepfather. Days before Paitin was taken to the hospital, Prevatte moved back into his parents’ home after he got into a fight with his girlfriend. The girls had been staying in Prevatte’s room, but they moved to the couch in the den when he returned.

Prosecutor Shirley Smircic told the jury in her opening statement on Thursday that in the early hours of Nov. 13, Paitin’s sister woke up and saw the defendant standing by the couch where her sister was lying. “As she woke up, she saw her uncle walk back to his room. And when she looked over at Paitin, she noticed something was wrong,” Smircic said. The 7-year-old tried to wake her grandparents, but they sent her back to the living room.

When Paitin’s grandmother woke up and came into the room, she screamed when she saw the child on the couch. She could not get through to 911, so her husband and Prevatte drove Paitin to the emergency room.

Surveillance video showing man carrying a girl is played on a courtroom monitor

Surveillance video played in court shows David Prevatte carrying his niece into the hospital on Nov. 13, 2017. (Court TV)

“Child sexual assault and murder does not occur out in the open,” Smircic said. “It happens behind closed doors. The eyewitness, Paitin Fields, is dead. But the evidence, taken all together, can speak for her.”

“David Prevatte did not rape, sexually assault, or murder his niece, Paitin Fields,” defense attorney Luther Britt III told the jury in his opening statement. “By his plea of not guilty to these charges, he has told you and the world that he did not kill his niece, he did not rape his niece, he did not sexually assault his niece. He became the victim of a witch hunt. A witch hunt that had evidence that was twisted and turned.”

Britt said that detectives failed to identify any other suspects and focused only on his client despite what he called a lack of evidence tying Prevatte to the crime. While Smircic said that a rape kit was done on the child, Britt said that no male DNA was recovered.

Prevatte’s defense also told the jury to question testimony from the victim’s sister, now 16. Britt said that Paitin’s sister never mentioned seeing Prevatte in the middle of the night until years after her sister’s death, when she was living with her paternal aunt. That same aunt was asked to leave the courtroom while prosecutors were helping the teen practice her testimony, Britt said, because the child would look at her aunt before answering every question.

 

DAILY TRIAL HIGHLIGHTS

DAY 10 – 10/15/26

DAY 9 – 10/14/26

DAY 8 – 10/13/26

  • LIVESTREAM: NC v. David Prevatte – Day 8 | Betrayal in the Bloodline Murder Trial
  • Jason Smith delivered the prosecution’s closing arguments.
    • Argued that circumstantial evidence, including the tight timeline around Paitin’s death, the distinct matching pattern and DNA on earbud headphones and DNA found on her body, clearly points to Prevatte’s guilt.
  • Luther Johnson Britt III delivered the defense’s closing arguments.
    • Emphasized the burden of proof and presumption of innocence, contending the state failed to present conclusive physical evidence connecting Prevatte to the sexual assault or Paitin’s death.
  • The jury began deliberating.

DAY 7 – 10/12/26

  • LIVESTREAM: NC v. David Prevatte – Day 7 | Betrayal in the Bloodline Murder Trial
  • Lyndsey Sanney, Bode Technology DNA analyst
    • Received swabs for YSTR male-specific DNA testing.
    • No male DNA was found on any of the samples, except one, where the amount of male DNA was below the threshhold needed to create a profile.
  • Eric Short, Chapel Hill Police Department investigator
  • Melinda Wilson, North Carolina State Crime Lab
    • Compared reference cheek swabs from Lisa Hunt against major contributor profiles from previously tested evidence.
    • Excluded Lisa Hunt as a contributor to DNA found on a whipped cream nozzle, nail scrapings, a penile swab, boxer shorts cuttings, a phone charger cord, earbuds and a hot glue gun cord.
    • Couch cushion swab yielded inconclusive results due to complexity or insufficient quality.

DAY 6 – 10/8/26

  • LIVESTREAM: NC v. David Prevatte – Day 6 | Betrayal in the Bloodline Murder Trial
  • Mehanaj Choudhury, forensic biologist
    • Examined sexual assault kit items, which all failed to indicate the presence of semen.
    • Conducted presumptive blood testing and acid phosphatase presumptive semen testing on multiple items.
    • Identified presumptive blood on the defendant’s boxer shorts, white bed sheets, gray/white bed sheets and tan pillowcase.
  • Kristen Meyer, DNA analyst
    • Analyzed known standards from Prevatte, Dale Hunt, Paitin, and others.
    • Identified Prevatte’s DNA on the whipped cream nozzle and his nail scrapings.
    • Interpreted a penile swab as a 3-person mixture, matching Fawcett as a major contributor.
    • Prevatte’s DNA was a major contributor on boxer short cuttings and a phone charger cord.
  • Shane Wilcox, DNA analyst
    • Re-evaluated case files against updated standards.
    • Found Paitin Fields included as a contributor on the white sheet.
    • Swabbed red earbuds and identified Prevatte and Paitin as included contributors.
    • Demonstrated swabbing locations on pants and identified Fawcett, Prevatte, S.F. and Paitin as contributors.

DAY 5 – 10/7/26

  • LIVESTREAM: NC v. David Prevatte – Day 5 | Betrayal in the Bloodline Murder Trial
  • Julie Ozier returned to the witness stand.
    • Testified to forensic interviews with S.F. on Nov. 15, 2017, Jan. 24, 2018 and Feb. 18, 2022.
    • The jury saw videos of the forensic interviews.
    • In the 2022 interview, S.F. disclosed seeing “Uncle Boo Boo” walking away from the couch towards his room on the night her sister was found unresponsive.
    • Under cross-examination, testified that S.F. made no disclosures of abuse during the 2017 or 2018 interviews and never reported seeing the defendant physically harm Paitin.
  • Mary Beth Barna, expert in child sexual abuse and trauma
    • Performed a child medical evaluation on S.F. on Nov. 15, 2017.
    • S.F. exhibited signs of fetal alcohol syndrome, cognitive/developmental delays, esotopia/strabismus and upper respiratory congestion.
    • No medical findings indicated that S.F. had been physically or sexually assaulted.
  • Amanda Fortier, former occupational therapist who treated S.F.
    • Described S.F.’s placement in a special education classroom under an IEP.
    • Detailed S.F.’s significant fine motor delays, decreased hand/core strength, high distractibility and inability to handle multi-step directions.
    • Assessed S.F. as functioning cognitively closer to a 4-year-old despite being 6-7 years old.
  • Jamie Sykes, defendant’s childhood friend
    • Testified he hung out with the defendant on the evening of Nov. 12, 2017, smoking marijuana and cigarettes for 30-60 minutes before going home.
    • Received a call from the defendant the next morning saying he was at the hospital and needed to be picked up.
    • Denied ever entering the house that night or having any involvement in Paitin’s death.
  • Melissa Helms, defendant’s friend
    • Picked up defendant on Nov. 12, 2017, and drove around smoking marijuana before dropping him off at approximately 10 p.m.
    • The defendant used her computer days before the incident; law enforcement searched it but found no illegal content.
    • She initially told law enforcement she did not think the defendant could commit these acts.
  • Michael Hall, acquaintance
    • Stopped briefly between 8 and 9 p.m. on Nov. 12, 2017, to talk to Jamie Sykes and the defendant.
    • Never went inside the house; went straight to his grandparents’ house and stayed there all night.
    • Consented to a DNA swab and denied any involvement in Paitin’s assault or death.
  • Det. Steve Clinard, Pender County Sheriff’s Office (Ret.)
    • Transported sealed sexual assault evidence kit from hospital to Det. Wells on Nov. 13, 2017.
    • Assisted in executing a search warrant at the property and found no relevant physical evidence.
    • Obtained DNA swabs from neighbors and family friends.
    • Melissa Helms’ computer data was corrupted during extraction by an outside agency, resulting in no retrievable search data.
  • Eric Kelly, New Hanover County Sheriff’s Office
    • Performed digital enhancements on photographs of Paitin’s injuries to improve clarity.

DAY 4 – 10/6/26

  • LIVESTREAM: NC v. David Prevatte – Day 4 | Betrayal in the Bloodline Murder Trial
  • Lt. Daniel Wells returned to the witness stand.
    • Detailed evidence collection at the Hunt/Prevatte home from searches conducted on Nov. 13and Nov. 17.
    • Authenticated multiple exhibits, including Christmas lights, children’s clothing, a rope bracelet, couch sheets and pillowcase, a hot glue gun and buccal swabs.
    • Processed a red Kia sedan on-scene, seizing a pair of red men’s underwear from the floorboard.
    • The victim’s underwear was not recovered because the hospital disposed of it.
  • Det. Roy Brandenburg, Pender County Sheriff’s Office
    • Collected penile swabs from David Prevatte, noting the swab was pinkish/blood stained. Prevatte said he had recently had sexual relations with his girlfriend, who was menstruating.
    • Returned to the family’s home at their request in January 2020 and collected window blinds and couch swabs.
  • Dr. Karen Kelly, forensic pathologist
    • Performed the autopsy on Paitin on Nov. 17, 2017.
    • Declared the cause of death to be diffuse acute cerebral hypoxic ischemia due to ligature strangulation.
    • Noted florid petechial hemorrhages across face, scalp, eyes, gums and subgaleal tissue above the neck ligature line, consistent with significant and repetitive strangulation.
    • Identified a horizontal ligature mark approximately 1/4 inch wide around the neck.
    • Red earbuds are consistent with the ligature mark dimensions and the horseshoe-shaped pattern injury observed on the victim’s neck.
    • Confirmed tissue hemorrhage consistent with penetrating vaginal trauma.
  • Julie Ozier, child sexual abuse expert
    • Explained forensic interviewing protocols.
    • Authenticated evaluation summaries and video recordings of three forensic interviews with Paitin’s sister, S.F.

DAY 3 – 10/5/26

  • LIVESTREAM: NC v. David Prevatte – Day 3 | Betrayal in the Bloodline Murder Trial
  • Proceedings were delayed when an alternate juror failed to report on time.
  • Det. John Ollie Leatherwood III, Pender County Sheriff’s Office
    • Responded to New Hanover County Children’s Hospital on Nov. 13, 2017.
    • Conducted separate recorded interviews with Lisa and Dale Hunt.
    • Took photographs of Paitin’s injuries; noted that the injury to Paitin’s neck resembled a rope burn approximately 1/4 inch in width.
    • Arranged for Paitin’s sister to be interviewed.
  • Det. Mark Lavelle, Pender County Sheriff’s Office
    • Conducted follow-up recorded interviews with Dale and Lisa Hunt.
    • Observed David Prevatte had long fingernails with dirt/objects underneath them on Nov. 13, 2017.
    • Observed Prevatte the next day, Nov. 14, with manicured, cut and cleaned nails.
    • Played the recordings of the interviews.
  • Lt. Daniel Wells, Pender County Sheriff’s Office
    • Executed search warrants at Prevatte’s home.
    • Described the residence as cluttered, dirty, in disrepair, with stagnant dishwater and a strong odor of dog urine/feces.
    • Authenticated and reviewed scene photos showing the layout, bedrooms and clutter.
    • Collected DNA from Prevatte and Dale Hunt.
    • Collected physical evidence, including clothing, red earbuds, phone charging cords, a vacuum cleaner and a hot glue gun.

DAY 2 – 10/2/26

  • LIVESTREAM: NC v. David Prevatte – Day 2 | Betrayal in the Bloodline Murder Trial
  • Lisa Hunt, defendant’s mother
    • Paitin and her sister had been living with her and her husband for more than two years so they could attend a better school.
    • Paitin had a cough all weekend but no fever.
    • Placed a sleeping Paitin on the couch after 9 p.m. on Nov. 12; S.F. was already asleep on the couch. After Prevatte came home at around 10 p.m., Hunt went to bed.
    • Woke up early in the morning of Nov. 13 and saw Paitin having a seizure on the couch. She attempted to call 911 twice but the call did not connect.
    • Prevatte and his stepfather drove Paitin to the hospital.
    • She did not notice any injuries to Paitin.
    • Prevatte had a great relationship with his nieces, who called him “Uncle Boo Boo.”
  • Dale Scharby Hunt, defendant’s stepfather
    • S.F. came into his room in the middle of the night saying her sister was acting “silly,” but he thought the girls were playing and told her to go back to sleep.
    • Woke up later when his wife screamed after seeing Paitin having a seizure.
    • Drove between 120 and 160 mph to the hospital with Prevatte holding Paitin in the passenger seat. The child urinated and defecated during the trip.
    • Prevatte was crying and trying to perform CPR on the 5-year-old.
    • Denied causing Paitin’s death or injuries.
  • MORE: Uncle charged with 5-year-old niece’s murder blows kisses after mother sobs in court

DAY 1 – 10/1/26

  • LIVESTREAM: NC v. David Prevatte – Day 1 | Betrayal in the Bloodline Murder Trial
  • Prosecutor Shirley Smircic delivered the state’s opening statement.
    • On Nov. 13, 2017, Prevatte carried his “limp, unconscious” niece, Paitin Fields, into the emergency room.
    • Nurses and doctors immediately noticed ligature marks around her neck.
    • In the pediatric ICU, a nurse noticed injuries to the child’s genitals. A sexual assault nurse documented the injuries with a rape kit.
    • Paitin was declared brain-dead on Nov. 14 and died on Nov. 15.
    • Days before Paitin’s death, Prevatte had moved back in with his parents after a fight with his girlfriend.
    • Paitin’s sister saw Prevatte standing over the victim on the couch in the middle of the night before noticing something was wrong with the victim.
  • Luther Johnson Britt III delivered the defense’s opening statement.
    • Prevatte did not sexually assault or kill his niece.
    • Prevatte was asleep and woke up to his mother screaming. He performed CPR on his niece and carried her to the emergency room when they couldn’t get through to 911.
    • Paitin was in her underwear on the way to the hospital; her urinating and defecating in the car en route is how her DNA came to be on the defendant’s body.
    • The rape kit had a “minute amount” of unknown DNA and no male DNA was found.
    • The victim’s sister never said she saw Prevatte until years later, when she was living with her paternal aunt.
  • Krystal Beck, nurse
    • On duty in the emergency room when Paitin was brought in.
    • Noticed the victim was unresponsive, limp, dressed only in soiled underwear and had bruising/petechial rash around her face and neck.
    • Called 911 and Child Protective Services to report suspected strangulation.
  • Britton Prosser, nurse
    • On duty in the emergency room when Paitin was brought in; directed the defendant to the cardiac resuscitation room.
    • Observed neck markings immediately after the child was placed on the stretcher.
  • Carolyn Flowers, ER tech
    • Authenticated medical records and confirmed that routine rectal temperature probing would not cause any anal laceration or trauma.
  • Dr. Brian McGrath, ER physician
    • Treated Paitin in the emergency room and testified that the child was critically ill, actively seizing and presenting a linear petechial rash across her neck.
    • Stated with 100 percent certainty that the injuries were non-accidental trauma consistent with strangulation.
  • Dr. Michael Stoiko, Pediatric ICU director
    • Reviewed Paitin’s progression from a Glasgow Coma Scale of five down to three, flatlining on EEGs and subsequent declaration of brain death.
    • Walked the jury through photographs showing the injuries to Paitin’s neck.
    • Confirmed the injuries were consistent with intentional asphyxiation/strangulation from behind and noted immediate concerns raised by nursing staff regarding genital trauma.
  • Jessica McAlear, Sexual Assault Nurse Examiner (SANE)
    • Conducted a head-to-toe examination and documented acute injuries to the victim.
    • Applied blue dye to expose lacerations to the child’s anus not visible to the naked eye.
    • Collected sexual assault kit evidence.
    • Testified that injuries were consistent with penetrating blunt force trauma.
  • Colleen Mistovich, SANE coordinator
    • Assisted McAclear during evidence collection.
    • Confirmed presence of acute blunt force trauma and reiterated that routine medical care could not cause the observed injuries.