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FIRST ON 3: Attorney who accused trooper has court date for assault

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WILMINGTON, NC (WWAY) -- The Raleigh attorney who accused a North Carolina Highway Patrol officer of intimidating him and his wife has his own legal troubles. WWAY has learned Hoyt Tessener is due in Wake County Court Thursday on a simple assault charge.

According to court documents obtained by WWAY, Tessener is accused of punching a man in the face at 3:13 a.m. on December 5, 2010. The documents also show that the case went to mediation, but when no agreement was reached, a trial date was requested.

As WWAY was first to report Tuesday, Tessener sent a letter to Gov. Bev Perdue this week complaining about Tpr. Edward Wyrick Jr. after Wyrick pulled over Tessener's wife Gina last week in New Hanover County on suspicion of drunk driving. In the letter and in an on-camera interview with WWAY and our affiliate station WTVD in Raleigh, the Tesseners claim Wyrick had no reason to pull over Gina and that he bullied the couple at the Wrightsville Beach Police Department following the arrest, especially after Gina twice blew a 0.00 blood alcohol level on a breath test.

Video from the police station obtained by WWAY, though, tells a somewhat different story. The limited camera angles and audio show no evidence Wyrick was hostile toward the couple, and that his demeanor did not change until after Hoyt Tessener arrived and called out the trooper.

Wyrick and Tpr. Andrew Smith are on administrative duty pending an internal affairs investigation. Smith pulled Hoyt Tessener over as Hoyt tried to follow Wyrick as he took Gina from the Wrightsville Beach Police Department to the New Hanover County Jail to be released by a magistrates. The Tesseners claim Wyrick set up the traffic stop of Hoyt.

Stay with WWAY NewsChannel 3 and wwaytv3.com for more information on this developing story.

Disclaimer: Comments posted on this, or any story are opinions of those people posting them, and not the views or opinions of WWAY NewsChannel 3, its management or employees. You can view our comment policy here.

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This Station

I have followed this stations coverage of this story since its inception. I can only conclude these people are in the "pockets" of the HP--SS.

What they should do is a little investigating. Near Jackson, N.C. quite a few years back, road conditions were bad and the ambulance went off the road and crashed. A local F. Home was called. The F. Home's ambulance was dispatched, and that's when things went really bad. One of the troopers refused to let them back the ambulance to the roadside, pick the gentleman up and finish the journey to the hospital.

These troopers should be real proud of themselves. Incidentally, this cost the man his life. You have people trying to do everything possible to save someone in distress, and this is what you get from the highway patrol.

I am now retired, and my opinion of these H. Patrol, "SS" storm troopers has not changed.

ASSUMPTIONS

Why do all you cop lovers think because some of us do not like cops we are felons or been arrested or stoppped for speeding, etc. Maybe we are smarter than you and realize the games they play and their power trips. The German people loved the Nazi Storm Troopers and Hitler at first until it was turned on them, wake up people. When the day comes for a police state you will be shocked and wonder where all your rights went to.
Where are Wyricks cell phone records, who did he text? What was in the text?
Where are the tapes from the magistrates office?
Where are the transcripts from the radio log when the attorney was pulled over by the other trooper, he had to call in when he made the stop.
Did he write his report before or after the incident happened..HMMMM

It's obvious you have no

It's obvious you have no clue what you're talking about, since the SHP doesn't call in traffic stops...you fool, stop grasping at straws and trying to turn nothing into something. Some of these people making comments make me sick, they have no clue what so ever what its like to spend one day in the shoes of a Trooper.

What the news doesn't report

The lady had admitted to having drinks earlier in the day. Her idiot husband was stopped because he was speeding. He's obviously the "hothead" in this situation and the previous incident of him assaulting someone at a bar. I pray the Trooper sues this ignorant injury attorney for Defamation.

Due deligence

I just find it funny that this college educated woman couldn't write her own complaint. Her bully husband is doing all the talking and writing yet he wasn't on the scene and video makes him look like a complete. His letter says there lights were working and there was no mention of there being a problem during the last service, yet the troopers report say the woman didn't give him the registration until she had looked at her headlights. If you smell of alcohol and then refuse all road side test what are the officers supposed do? Just let you go down the road.

Trooper Arrest - Lets get ALL the facts - Then Decide

This is like a novel and we are only on chapter two, lets get to the end of the book before we blame the Trooper or the Husband/Wife.

First, we have the husband's letter
Second, we have some of the video from the booking room
Lets get the rest of the information and then decide who did what
Questions yet to be answered
1) Did the Trooper text another Trooper to arrest the husband?
2) What do HP radio communications say about stopping the husband?
3) Is there video in the Magistrate's office?

Facts so far:
Trooper report he states "Moderate odor of alcohol," but breathalyzer states two 0.0's.
Trooper texted someone after test and husband's comments - who and why?
Another Trooper pulled Husband who was following car - Husband released
Why was Husband pulled?
What does the Magistrate Video show?
What did the Troopers say to HP internal affairs?

After this is over, someone is going to owe someone an apology. It remains to be seen who that is.
Lets not be so judgmental to the HP, a woman/man who we don't know

Mr Steele You conveniently

Mr Steele
You conveniently left out in your "facts", that he requested she submit to a Field Soberity Test, and she refused, causing him to have to arrest her.

I was told years ago by an

I was told years ago by an older State trooper that a motorist may request a breath chemical analysis in lieu of a field sobriety test and therefore (while NOT under arrest) be afforded a breathalizer test. This same trooper advised me that a motorist will not be told of this option. Lets ask Wyrick if he has ever provided this information to someone he has stopped.

Wow

Thank you for your post. I've been skimming through the madness here from both sides. It seems very few reasonable people post here.

It seems to me the NCHP has

It seems to me the NCHP has filled it's quota of new recruits with a bunch of hotheads...I know because I know a lot of them...they think that they are God"s gift to women and thet since they have a badge and a gun they are Wyatt Earpp.Back in the 70"s you had real men that knew how to act and were highly respected.Today you have some from that same mold,then you have this new breed with there muscle cars that have an ego as big as Texas...I know Gov. Perdue has no stones but somebody needs to reprogram these arrogant cowboys before they hurt somebody or before they get hurt.

Really??????!

U must have been stopped for doing something wrong and just want a pitty party. Just like the man and his wife

I bet your one of those guys

I bet your one of those guys that watches COPS and gets all excited like some of us watch porn, get it??? What makes you think because we don't like cops everyone has been arrested or ticketed, you must have voted for Obama...

It seems to me the NCHP has

Hey Dr. Phil-I bet you really don't know a lot of Troopers and they are all not hotheads. If you knew a lot of Troopers you would be backing them instead of condemning. Sounds to me you are just jealous because women gravitate to confident men in uniform and you apparently are not one of them. Many people take a business attitude for being rude. Besides, where has all the respect gone for any law enforcement officer. Why would you question, talk back, or argue with judicial officials.

Women gravitate toward men in uniform that are manly.

Not glorified crossing guards and revenue collectors like the SHP

I can vouch somewhat for the

I can vouch somewhat for the hothead comments. I have worked with these guys for the last 14 years as an ER nurse. Troopers spend a good deal of time in local ER's. Of course I would never make the claim that all Troopers exhibit this kind of mentality but it certainly seems to be the rule rather than the exception. As a side note, I have seen, many, many times citizens Constitutional rights violated on a regular basis by law enforcement.

RNER

Well dear if you have seen "Many, many times citizens constitutional rights violated" and failed to report it "many, many" times then that kinda puts you in the same boat!!! So either stop your crying or grow a set and be part of the solution.

your an idiot. and you know

your an idiot. and you know nothing of the partrols history. the only reason you even hear of theses stories today is a result of americas reality tv, self centered, immeidate self gratification mentality. the old patrol would crack your skull in a skinny minute and nothing would be heard about it. as far as god's gift to women, your right, we are. wyatt earp was a sissy. egos as big as texas? nope. as big as carolina. get edjucated. the citizens are treated with more professionalism and compassion by the SHP then they ever have. idiot. grow a pair and strap a gun and badge on and risk your life and health every day. then come drop that crap out of your mouth.

This post, everyone, is a

This post, everyone, is a glimpse into the psyche of many of our law enforcement officers. We should all be so lucky as to have a high profile attorney for a spouse. How many of these incidents never make the news?

"as far as god's gift to

"as far as god's gift to women, your right, we are."

So sayeth the grammar challenged "unappreciated" trooper.

Well, the photographic evidence in this story just screams otherwise, Cletus.

Listen, Cletus, please keep you bullet in your pocket.

Yes, the NCHP is such a fine organization. They have only had a few child pornographers, deviants, cat-killers, liars, forgers, and other miscreants taint their saintly name. Why would any law abiding citizen have reason to doubt their actions and judgment? And in the good old days, they could "purt near kill ya" (spit) and no one would complain. Ahh, for the good ale days, huh Cletus?

Oh, and "umappreciated": Please take a remedial grammar class before calling anyone stupid. It is a common problem in your line of work. See if the state will pay for it.

In front of video

So what he was nice in front of a video
Doesn't mean he was when he knew he wasn't being taped----
The run in with my trooper was kinda the same he was completely out of line until the camera started rolling-------then he changed his tune---You will always be someone else when the camera is on you. This tape only proves that he knows when to harass and when to behave like a good SHP. open your eyes people, there are only a few good cops left, the others ones are just on a ego trip.

learn from the past

have your own camera rolling,history repeats ask rodney king lol

Ok if your going with the

Ok if your going with the logic that people act diffrently on video, then how come the attorney and the wifes story doesnt go with what the tape shows?? They said how arrogant and irritated the officer was and this and that when in the tape it shows the attorney irriated and arrogant. These two are just out to get thier 15 minutes of fame!!

Caught me by surprise

the only attorneys I hve known with the stones to punch a guy in the face or any body part for that matter were those just returning from southeast Asia, Iraq, or Afghanistan.

This guy does not appear to be of that manly fabric.

Thee Tessener's bear a

Thee Tessener's bear a strong resemblance to Michaela and Tareq Salahi, the couple that crashed Obama's White House Party. Maybe the Tessener's are try to get on reality TV too. WWAY might ought to check them out and make sure they're not one and the same?

Reality

You are so right. I think maybe they are their cousins or twins. It seems there were many things on both sides that irritated the HP and the twins. Both acted out of arrogance and the "I will show you mentality". Maybe they will both learn from this. Not very pretty!

I read his web page. He is

I read his web page. He is just as much of a joke in Raleigh as he was here. His page looks more like a freebie "People Finder" page, then that of any successful lawyer. From his career path, I see he's bounced around, several times. Their are hundrerds of Ham and Egger, discredited, lawyers, husseling to even Jr partner, and make $30K / year. I believe he's one of them.

Judging from his actions on the video, I am not the least bit suprised. He seemed more like a hot-headed bully, then a "Professional Bigshot Friend of the Governor". When you assault another person, or refuse to allow a officer of the law, to conduct a simple investigation, to determine probable cause, you dictate your own circumstances. No matter how much of a Phoney Bigshot you pretend to be, you are not above the law, whether its in Wilmington, or Raleigh. Maybe Mr Professional Victim, might have to do real work, and earn a living, just like the rest of us.

Its a necessary shame, but these troopers, who fight to proect our highways from drunk drivers, get investigated up one side, and down the next.

While a Professional Victim Bully, can go around assaulting people, and throwing all the darts he wants.

PublicAvenger84--those of us

PublicAvenger84--those of us who actually practice law laughed out loud at your stupid and inaccurate comments. Hoyt Tessener is a very respected, skilled and talented attorney--not just in Raleigh but across the state. And not just by trial lawyers, but judges, defense lawyers and the profession in general. You have absolutely no clue what you are talking about.
Your statement that "he has bounced around several times" in his career is demonstrably a bold-faced lie. He began with the largest law firm in the state, and a few years later moved to the firm he is with now. Your incoherent sentence followed by "I believe he's one of them" is pure fiction. It's fine to opine, but don't lie.

Please read your

Please read your Constitution. The "simple investigation" comes after, and only after, probable cause has been determined. Did he have probable cause? For a broken headlight? that wasnt broken? Lets not be quick to jump to conclusions for either side in this fight.

WOW

This story keeps getting better and better. I went from being upset at the SHP after reading the letter to now thinking these two are a little crazy! Keep on peeling back that onion, im sure there is more to it!