Man On Trial Says He's Victim Of 'Witch Hunt' As Jury Hears Opening Statements In 2017 Death Of 5-Year-Old Niece

BURGAW, N.C. — A trial opened Oct. 1, 2026, for 27-year-old David Prevatte, who has pleaded not guilty to charges that he sexually assaulted and killed his 5-year-old niece, Paitin Fields, in November 2017. Prosecutors say evidence presented at trial will show Prevatte was responsible for the child’s injuries and death; the defense says he is innocent and the target of a "witch hunt."

Surveillance footage introduced on the first day shows a 19-year-old Prevatte rushing into the emergency department on Nov. 13, 2017, carrying Paitin, who appeared limp and unresponsive. Medical staff treating the child reported bruising around her neck and injuries to her genital area; doctors declared her brain-dead on Nov. 14. She was removed from life support on Nov. 15 after organs were recovered for donation.

At the time of the incident, Paitin and her 7-year-old sister were in the custody of their grandparents, who are Prevatte’s mother and stepfather. Prosecutors said Prevatte had recently returned to his parents’ home after a dispute with his girlfriend; the girls had been sleeping in his room but then slept on a couch in the den when he returned.

Prosecution's Account

Prosecutor Shirley Smircic told jurors that in the early hours of Nov. 13, Paitin’s younger sister woke, saw Prevatte standing near the couch where Paitin lay, and watched him walk back to his room. The child then noticed something was wrong with Paitin and sought help. According to the prosecution, when the grandparents discovered Paitin they could not reach 911, so Prevatte and the grandfather drove her to the hospital.

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 in opening statements. "It happens behind closed doors. The eyewitness, Paitin Fields, is dead. But the evidence, taken all together, can speak for her."

Defense's Case

Defense attorney Luther Britt III told jurors that Prevatte did not rape, sexually assault or kill his niece, and that his client’s not-guilty pleas reflect his innocence. Britt characterized the investigation as a "witch hunt," arguing detectives focused on Prevatte while failing to identify alternative suspects. He also highlighted what he described as gaps in the forensic record: while prosecutors said a rape kit was performed, the defense says no male DNA was recovered linking Prevatte to the assault.

Britt urged jurors to scrutinize the testimony of the victim’s sister, now 16, and noted she did not report seeing Prevatte the night of the incident until years later while living with a paternal aunt. He also noted that the aunt was briefly excused from the courtroom during a preparation session in which prosecutors were helping the witness practice answers, saying the witness would sometimes look to the aunt before responding.

What Comes Next

The trial will continue with witness testimony and forensic evidence. The prosecution and defense set sharply contrasting narratives in opening statements: prosecutors say the totality of evidence points to Prevatte; the defense says reasonable doubt remains and that alternative explanations and investigative shortcomings deserve careful scrutiny.

Charges: First-degree murder, statutory rape of a child by an adult, and statutory sexual offense with a child by an adult. Prevatte was 19 at the time of the incident and is 27 now.