FIRST ON 3 UPDATE: Couple’s story doesn’t match trooper’s report, video

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Submitted: Sat, 07/02/2011 - 2:53am
Updated: Sun, 07/03/2011 - 11:03am

WILMINGTON, NC (WWAY) — We’re learning more tonight about the Raleigh couple that wrote a letter to the governor accusing a trooper of intimidation. It’s a story WWAY broke Tuesday.

There are several discrepancies between what Gina and Hoyt Tessener say happened and the DWI report written by Tpr. Edward Wyrick.

According to the DWI report Wyrick pulled Gina Tessener over around 11 p.m. on Tuesday, June 21, near Wrightsville Beach. He said Tessener turned onto Airlie Road and then another immediate right into a hotel parking lot. Tessener later said that she was in a gravel lot, but the lot is not gravel.

Read the DWI report

Tessener also said after the incident that she had nothing to drink that night. But on the report, Wyrick quoted her saying, “I sipped a glass of wine, but didn’t drink.”

The Highway Patrol says protocol for when a driver has been pulled over on reasonable suspicion includes the officer looking for certain characteristics, including odor, eyes and slurred speech. According to the report, Gina Tessener had moderate odor of an alcoholic beverage and was slightly unsteady on her feet.

A Highway Patrol spokesman also tells WWAY that a driver can be arrested based on an officer’s opinion, even if their blood alcohol level is under the legal limit.

So far we’ve found several discrepancies between the Tessners’ story and the DWI report and video of the interaction with them and Wyrick at the Wrightsville Beach Police Department after Gina Tessener’s arrest.

In the meantime, Wyrick and Tpr. Andrew Smith are on administrative duty during an internal affairs investigation.

We’ve also learned Gina’s husband Hoyt has legal problems of his own. He’s due in court next week in Raleigh on an assault charge for allegedly punching another man in the face in the middle of the night back in December.

We tried to reach Hoyt Tessener today for comment, but he has not called us back.

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50 Comments on "FIRST ON 3 UPDATE: Couple’s story doesn’t match trooper’s report, video"

2015 years 8 months ago

The NC State Highway Patrol is out of control right now and is prinarily operating with very heavy badges. They have a sense of security knowing they won’t be reigned in for bad behavior due to intimidation of the public.

The numerous scandals, and the numerous complaints of mistreatment of citizens is starting to stack up. That department needs to be reigned in and understand their role in life – writing tickets to speeders and writing up accident reports.

It sounds like this trooper had a personal issue with one or both of these people and used the weight of his badge to carry out his vendetta.

She was unsteady on her feet in heels on gravel and blew a .00? What an ***hole trooper. I think it’s time we started causing the trooper some problems. We need to weed out these badge-heavy ***holes out of the force. The Governor is hiding under her desk and the people need to fight back. Stop being a scared little populace and fight against these Nazis.

Just my two-cents…

Head on Wall
2015 years 8 months ago

You’re still not getting this. She was arrested prior to her blow .00s, therefore she CANNOT, LEGALLY, be released straight from WBPD. She has to go before a judicial official, who then sets the conditions of release. The trooper followed proper protocol and THE LAW.

Big Boy
2015 years 8 months ago

“Just because the trooper put it writing does not make it a fact.”

Remember that. It’s true. Every time a cop’s story differs from the videotape (if available), it means that the cop IS LYING.

This is SOP for any cop beyond his probationary period.

2015 years 8 months ago

Report says “Driver’s side headlight was not illuminating.” Unlikely she forgot to turn on her driver’s side headlight but remembered to turn on the passenger side one. Wyrick charged her for drinking when she had a 0.00; don’t you think he would have charged her for the headlight if it had really been out? Or was he just being a nice guy?

Report says “sipped . . . wine . . . at 6:30.” There is no way he smelled that sip 4 hours and 15 minutes later when he pulled her.

He did NOT have to arrest her. NC Gen Stat 20-16.2(i) gave the trooper a choice. He could have tested her before arresting or charging her and then released her when she blew 0.00. If she did not know that was her right, he certainly did, and he could have told her, but that was not what he wanted. He wanted to “HAVE” to take her to the Mag’s office to be released.

Report says no prior contact with Smith en route to jail, but text records show contact before he ever left WBPD. Who’s the liar there?

90-some per cent of you guys are professional, conscientious and courteous while doing a tough and thankless job. You hurt your reputation though when you jump to the defense of the bad apples in your midst.

2015 years 8 months ago

Idiot. I don’t need Hitler Youth wannabes to do anything. I have always done what I had to do and don’t need a moron like you telling me what I need.

Here’s what I’d like to see: I claim that this trooper is a latent sex offender. I speculate that he was aroused while he had this attractive woman imprisoned.

There are simple psychological tests that could be administered to eliminate this as a factor… Let’s make this trooper submit to this evaluation.