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


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Submitted: Fri, 07/01/2011 - 9:25pm
Updated: Sat, 07/02/2011 - 1:18am
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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.

55 Comments

  • Grand Ole Party says:

    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.

  • Guest-50 says:

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

  • Dr.Phil says:

    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.

  • sailboat2323 says:

    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

  • venting says:

    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.

  • Guest789 says:

    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!!

  • Troop B says:

    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.

  • JSteele says:

    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

  • Guestopher says:

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

  • ailboat2323 says:

    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…

  • PublicAvenger84 says:

    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.

  • Guest Dumfounded says:

    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.

  • Brian says:

    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.

  • unappreciated says:

    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.

  • Head Shaker says:

    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.

  • Bob says:

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

  • Guest22211705 says:

    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.

  • Guest54321 says:

    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.

  • Guest54321 says:

    “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.

  • RNER says:

    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 says:

    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?

  • passerby says:

    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.

  • Guest54321 says:

    Not glorified crossing guards and revenue collectors like the SHP

  • libertybell says:

    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.

  • PublicAvenger84 says:

    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.

  • RNER says:

    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.

  • libertybell says:

    Go back to your cave. Your remark that “I would like to see your butt in jail where the boys can have some fun with you” is worse than disgusting. Sounds like you may be a member of the SHP.

  • FOPMan says:

    Wheres your letter to the Governor on this one. No cry for help from your Raleigh a–kissers. I would like to see your butt in jail where the boys can have some fun with you.
    Your whole game is just a free advertising campaign for your lousy law firm.

  • Das Weibstück says:

    So Mr. Attorney is a hothead? That seems obvious after seeing the tapes.

  • PublicAvenger84 says:

    “Did he touch you”?
    Said the angry troll to his trophy wife.

  • erik says:

    I don’t give two hoots if the victims were nice or not. She blew 0.00 let her go stop bothering her.

  • quigley says:

    none of this would have happened if the cop would have said I’m sorry, I made a mistake you can go now.

  • RNER says:

    Have any of you read the Constitution? She is innocent, completely 100% innocent. 0.0!!! no broken headlight. No alcohol. We are guaranteed under law to be innocent until proven guilty. Where the hell is Thomas Jefferson when you need him? Out in the packhouse with one of his girls, i guess.

  • JB says:

    Why do I get the feeling that the only person trying to intimidate and bully everyone is the lawyer husband….?!? More proof that these people are your common scam artists!

  • Ridiculous says:

    Just another case of someone who thinks they know somebody and thinks they’re above everyone else making a frivolous complaint. This big wig attorney wrote a statement and LIED about what happened at the police department. Its on video, the trooper was professional….I think the apology that needs to be made at this point should come from our governor to the trooper who already assumed the trooper was guilty when she had only one side of the story. Think about all the resources and money being wasted so she can satisfy one of her buddies and using her office to do it. Also, is this attorney going to face any sort of discipline for LYING…..he is suppose to have the utmost integrity….what kind of cases has he LIED about in court. I think its obvious now that this attorneys story doesn’t add up…..don’t know his name but should be known now as the “LION KING” and should not be called sir or Mr.

  • Guest7136 says:

    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!

  • Chuck N. Orris says:

    Yes the attorney husband may be a D-bag; however, the cop arrested this lady with no cause (0.00 cannot be argued). He didn’t state that he thought she was under the influence of drugs but thought he smelled alchohol.

    The video shows him texting someone from inside the Police Station and then her husband gets pulled following them to the Court house a few minutes later.

    If you don’t think this cop is crooked or either on a power trip you have your head buried in the Wrightsville Beach sand. I sure as heck do not want my taxes paying this Jacka@@’ salary.

    Hope everyone has a great 4th of July weekend and remember…

    He who goes forth with a fifth on the Fourth, may not come forth on the fifth!

  • ohmy says:

    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?

  • Guest1234567 says:

    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!

  • SurfCityTom says:

    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.

  • taxpayer says:

    “and neither will you.”

  • Charles Walters says:

    Be verwy verwy Quiet, He, hunting hot blonds in fancy cars. Ok enough comic relief. We will just have to wait and see who covers up what, but we all know law enforcement never covers up anything. Two tests do not lie, and she was never tested for any narcotics which could have been ordered if there was any question about her impairment. The fact another trooper was involved while he was following his wife to the jail is also fishy. This guy might be a SHP officer but a high ranking member of the Wrightsville Beach PD could have stepped in when any form of misconduct came up involving this officer. The whole thing stinks and this is why no one trust law enforcement at any level.

  • PublicAvenger84 says:

    She chose to be arrested. He begged her to take the test, to see if she was impaired. She refused. I believe he even informed her of the circumstances, and yet; she again refused.

    Now there are absurd claims he “Falsely Imprisoned” her, and he needs to go to prison. Its hard for me to see her as the victim. The only person who needs to be “imprisoned” is a hot-headed, coward, bully, who punches another person in the face.

    It “grieves and saddens me” that Hot-Headed Coward Bully, and Miss Priss, Trophy Wife can stoop so low to try to ruin other peoples lives.

  • Grand Ole Party says:

    So take a bath. No ONE trust law enforcement? Speak for yourself. Some of us still have a little common sense.

  • Professor Policy says:

    You’re ignorant of the way situations of this nature must be handled. That’s not an insult, but just an observation that you’re obviously not aware of the legal reasons behind the Trooper taking Mrs Tessener before the Magistrate. Mrs Tessener was arrested for Driving While Impaired on the side of the road, NOT after blowing .00s. This seems to be a fact that many people are missing. After an individual is arrested, only a judicial official can set the conditions of release, or in this case find that the original arrest lacked probable cause. The Trooper, BY LAW, couldn’t have let Mrs Tessener leave after the chemical test, even if he had wanted to. She had to be transported before a magistrate in order to be released. In this case, Wrightsville Beach very rarely has a magistrate on duty at the station. There wasn’t one that night. The only available magistrate, at a facility used by the HP, was at New Hanover County’s jail. Because of this, the Trooper had to transport her to that location in order to have her released in a lawful manner. Let me repeat this for those that haven’t grasped the concept. Mrs Tessener was arrested for DWI on the side of the road, prior to taking any tests. The Trooper didn’t wait and arrest her enough though the blew 00s. He had arrested her much earlier and was following the legal route to have her released.

  • Guest99x says:

    Avenger84, you are partially right. Mrs. Tessener chose to decline to perform field sobriety tests. The trooper’s next logical and in fact reasonable step would be her transport to the police station for breath testing. Mrs. Tessener’s test results were (let’s not forget this) ZERO alcohol, ZERO, two times.

    Here’s how this story could have had a much different ending: on discovering that Mrs. Tessener’s test results showed ZERO alcohol the trooper could have driven Mrs. Tessener back to her vehicle, followed her back to the place she was staying and issued her a citation for the non-working headlight. The trooper could have even expressed regret for her inconvenience.

    In the various articles about this event it was reported that Mrs. Tessener is 51 years of age and that Mr. Tessener is (I think, but close enough) 52 years of age. Mrs. Tessener is described as being a “Homemaker” in published political contribution records. According to this series of articles, the Tesseners have been married 28 years.

    For your edification, a “trophy wife” is a demeaning term, typically reserved for a much younger wife of an affluent older man. An age difference of a couple years fails to meet the definition.

    Why do you choose to demean homemakers and physically fit 50 year old women?

  • PublicAvenger84 says:

    Then I’ll just have to punch you too. Said the angry fat troll, to his Miss Priss Trophy Wife, as his Elmer Fudd face turned redder and redder.

  • Passerby says:

    Thank you for sharing this, it’s crazy that this idiot husband of hers has gotten so much attention and these Troopers placed on Administrative duty. I only hope this totally bites him in the butt and I believe it will.

  • Ridiculous says:

    What your failing to realize is that she refused every test or made a frivolous excuse why not to take them…..If she knew she hadn’t had too much too drink then submit to the proven battery of field sobriety tests and go on your way….the problem….she didn’t even know if she was okay too drive. The fact is that he smelled alcohol, not he thought he smelled alcohol.

    Secondly, if you don’t want your taxes going towards his salary……stop buying gas, you do have control over that.

    Third, you have to be out of touch with reality if you think that its okay too bee stopped and refuse all tests and not raise some sort of suspicion. If you have nothing too hide then cooperate.What people fail to realize is that these tests also go in your favor if you are not too impaired to drive.

    Lets stop supporting the right to conceal evidence and illegal activity. What is this world coming too.

  • NCemergencyservant says:

    If you would read the documentation from the arrest the Trooper stated he DID think she was under the influence. Machines can me wrong and she could have been on a narcotic. Get your facts straight before you post. Making uninformed judgements makes you look like an idiot. This trooper did his job and the woman has not been charged with DWI and I saw no intimidation tactics in this video or the dash cam video. GET YOUR FACTS STRAIGHT!!!!!

  • Guest2112 says:

    There is one fact to be resolved, to wit: did Wyrick text another patrolman for the expressed purpose of stopping the husband? if so, it is a gross abuse of Wyrick’s public position and warrants discipline.
    Secondly, if machines can be wrong, then that “fact” would convict those who are not under the influence. . Sadly, there are a number individuals who carry a gun and a badge and a also carry a huge ego. The attitude demonstrated by such individuals has created the hostile atmosphere which now exists.

  • Guest CommonTater says:

    Who was molested? Yes it just may be HALT!! HALT the stupidity….

  • Guest99x says:

    I hate to remind you of this, but citizens have rights, among which is the right to pass from place to place unmolested.

    I also have an attractive wife who from time to time is on the road at night in connection with her work. My reaction, were she to be detained in the same way as Mrs. Tessener would be the same as the one shown by Mr. Tessener.

    Our “Greatest Generation” fought World War II for the protection of rights. Our rights are being taken away, day by day under the false guise of good intentions. What’s next? HALT!! DEINE PAPIEREN BITTE!

  • Guest CommonTater says:

    None of this would have happened if she would have climbed off her high horse and took the field tests? Some people are just drama oriented…..

  • Sharon Darity says:

    To the person who says the trooper should have just apologized: Why should he apologize? She refused not one, but 2 offers by this officer to take sobriety tests in the field. When she refused the field sobriety test, he offered her the breathylizer in his vehicle. And then, according to HER, told her that she would have to go to the police station to take one if she refused. It was Her DECISION to draw this out and cause herself all of the added hassle.
    This lawyer, and his high strung wife, need to apologize to Trooper Wyrick. And if there are any grounds for repercussions Hoyt should have to suffer them. He was allowed to lie and drag a respected State Trooper through the mud. I sincerely hope that there is something that can be done to keep this man from BULLYING more people.

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