Uncle on Trial: Judge Declares Mistrial in David Prevatte's Case After Jury Misconduct

The court declared a mistrial in State v. David Prevatte on Day 10. The court found the jury's conduct made a fair and impartial verdict impossible, and no verdict of any kind exists. This is the uncle on trial. David Prevatte is charged with first-degree murder in the death of his five-year-old niece, Paitin Fields, in Pender County, North Carolina. He was named a suspect in 2018, when he was 19, and was not charged until 2022. He has denied any involvement, and he is presumed innocent. Earlier on Day 10, a juror reported to the court that information about the defendant had been passed around inside the jury room during deliberations, none of it from a witness or an exhibit. The court questioned the jurors one at a time, more than once. This clip starts when the court comes back on the record to rule on the defense motion for a mistrial. The court lays out its findings of fact: which jurors told the court what they heard, which jurors said they heard nothing, and what the court made of the answers it was given. It reads the North Carolina mistrial statute and the standard the Court of Appeals applies, then says there are not enough alternates to replace the jurors who may be affected and that no further inquiry would fix it. The court's conclusion is the line this clip turns on: there were serious improprieties by this jury such that it would be impossible to attain a fair and impartial verdict. About five hours and thirty-five minutes into the day's court recording, the court declares the mistrial. The court then says jeopardy does not attach to the defendant, that nothing the State or the defense did put either party at fault, and that the matter may be retried at a later date. The court does not find any juror in contempt. The matter is set over to November 13, and bond remains the same until the defense files a motion for bond. Here is what I want you to sit with. A mistrial is not an acquittal and it is not a verdict. It means this jury will never decide the case, and a different jury may have to start from the beginning. We are not the jury, and only a jury decides. The question is what it means for a family that has waited years, and for a man who has been presumed innocent the whole way through. Case Story Part 42, the whole trial in order:    • Judge Keeps the Evidence in Court After th...   --- KEY MOMENTS 0:00 The moment 0:08 The court begins its findings of fact 0:20 What the jurors reported to the court 5:53 The mistrial statute and the standard 8:32 Serious improprieties by this jury 8:46 The court declares a mistrial 8:52 Jeopardy does not attach to the defendant 11:37 Set over to November 13, bond remains the same 11:58 Three questions for you --- COMPLETE CASE COVERAGE justiceisaprocess.com SUBSCRIBE for daily trial coverage. CASE BACKGROUND REPORT: https://justiceisaprocess.com/nc-v-da... Complete case overview including the charges, the timeline, the key players, and the legal questions this trial raises. State of North Carolina v. David Wesley Prevatte. Pender County Superior Court in Burgaw, North Carolina. Prevatte is charged with first-degree murder in the 2017 death of his five-year-old niece, along with other charges. Jury selection began on September 28, 2026. He is presumed innocent unless and until the State proves each charge beyond a reasonable doubt. LATEST ARTICLE: https://justiceisaprocess.com/desk-20... PLAYLISTS AND RESOURCES Website: https://justiceisaprocess.com/coverag... Full Trial Live Broadcasts:    • NC v. David Prevatte: Full Trial Live Broa...   No Breaks Edition:    • NC v. David Prevatte: No Breaks Edition   Trial Analysis Podcast:    • NC v. David Prevatte: Case Story Trial Pod...   Key Moments and Testimony:    • NC v. David Prevatte: Key Moments & Testimony   Commentary:    • NC v. David Prevatte: Commentary   Subscribe for Daily Coverage:    / @justiceisaprocess   FAIR USE AND EDUCATIONAL PURPOSE This content is produced under Fair Use (17 U.S.C. 107) for news reporting, criticism, and educational purposes. We provide transformative commentary on public court proceedings, advancing public understanding of the judicial process through timestamps, analysis, and educational context. #JusticeIsAProcess #DavidPrevatte #PrevatteTrial