Uncle on Trial Judge Declares a Mistrial and Rules David Prevatte Can Be Tried Again | Pt 46

Описание: The jury had the case. Then jurors began reporting what other jurors said in the deliberation room, and the judge found one of them was lying to him about it.

This is The Uncle on Trial, State of North Carolina v. David Wesley Prevatte, Pender County Superior Court. He is charged with first-degree murder in the 2017 death of his five-year-old niece, Paitin Fields, and says he found her and tried to save her. The State named him a suspect in 2018 and charged him in 2022. On Day 10, with the jury deliberating, a juror's report led to juror three's removal and a defense motion for a mistrial. This Part is the ruling.

What I want you to weigh: after juror three, the court was satisfied the trial could go on. It took a second wave of reports to end it. And no juror was held in contempt, including the one the judge found was lying.

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WATCH WITH JUSTICE

0:00:00 What this video is, and a preview

0:00:21 to 0:01:02 - Video starts: The judge rules on the defense's mistrial motion. One juror's report, he finds, "opened Pandora's box."

0:01:02 to 0:02:47 - Juror two reports juror three told the jury room he was not a member of the KKK and was "blackballed in town." Every juror but one and seven heard it.

0:02:47 to 0:04:32 - A second wave: juror seven reports juror two said his record was "longer than the table." The juror who tried to stop the talk was juror three.

0:04:32 to 0:06:33 - The judge finds juror four "was lying when she said no" about telling jurors the authorities know him.

0:06:33 to 0:08:07 - The law: a mistrial for "substantial and irreparable prejudice to the defendant's case."

0:08:07 to 0:09:10 - "A mistrial is a drastic remedy." He says the trial could have gone on before "the floodgates" opened.

0:09:10 to 0:09:44 - Not enough alternates to replace the jurors who may be tainted, and he says more questioning won't fix it.

0:09:44 to 0:09:56 - "I declare that this case is mistrial." The jury had the case. No verdict.

0:09:56 to 0:11:05 - Jeopardy does not attach: the fault is the jury's, not either side's, so David Prevatte can be tried again.

0:11:05 to 0:12:53 - No contempt for jurors two, three or four, the juror he found lying included. Weigh that.

0:12:53 to 0:14:08 - Set over to November 13th, and the bond stays the same unless a bond motion is filed.

0:14:08 to 0:15:43 - The jury walks back in: "because of jury misconduct, I have declared a mistrial." All go but jurors two and four.

0:15:43 to 0:16:50 - Jurors two and four hear why: what they said in deliberations about "prior interactions with law enforcement."

0:16:50 to 0:17:04 - "We are in recess." Day 10 ends with no verdict, and Paitin Fields' case goes back on the calendar.

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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.

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PLAYLISTS AND RESOURCES

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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  
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