ONLY ON 3: Witness talks about Tesseners & trooper, plus profane texts between troopers
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WILMINGTON, NC (WWAY) -- Once again there are new developments in the story WWAY broke last week involving a Raleigh couple and two Highway Patrol troopers from New Hanover County.

We have obtained text messages the troopers sent to each another and an exclusive interview with a man who was inside the Wrightsville Beach Police Department when it all went down.

Matthew Ragone admits he blew twice the legal limit for blood alcohol two weeks ago at the Wrightsville Beach Police Department. But Ragone says he clearly remembers that night and remembers the interaction between Gina and Hoyt Tessener and the trooper who thought Gina was under the influence.

"I remember pretty much everything from that night," Ragone said in an exclusive interview with WWAY NewsChannel 3. "It's definitly etched in my mind."

Ragone witnessed first-hand the interaction between the Tesseners and Tpr. Edward Wyrick Jr. on the night Wyrick accused Gina of drinking and driving.

Ragone is seen in the Wrightsville Beach Police Department video watching the incident play out in front of him in the police station's holding area.

"Everything seemed, you know, fairly calm and what not, but as soon as the husband showed up, things got a little heated," Ragone said.

Ragone says it was Hoyt Tessener's actions inside the holding area that got him to really focus on the Tesseners and Tpr. Wyrick.

"He showed up, and the officer had actually greeted him outside and then came in and had mentioned that he wasn't very happy," Ragone said. "At that point they allowed (Hoyt Tessener) into the holding area, and he just went pretty ballistic. She actually stayed pretty calm the entire time, but he definitely got loud and was pretty upset by the whole thing, which I guess was understandable, but it got pretty crazy."

Ragone gives Wyrick credit, saying the trooper stayed calm the entire time. Ragone also says he didn't notice the trooper trying to intimidate the Tesseners like they claim.

"The officer himself kept his cool pretty well, asked the man multiple times to please calm down, that they were just waiting on the magistrate. That he couldn't personally release her," Ragone said.

Besides the intimidation claims, the Tesseners also claimed Wyrick set Hoyt up by texting Tpr. Andrew Smith, who later pulled Hoyt over while Hoyt followed his wife and Wyrick, who were headed for the New Hanover County Jail.

Text messages released Tuesday by the Highway Patrol show that the troopers sent a total of four messages.

Wyrick texted, "This woman refused all roadside testing, and blew .00. Her husband is a trial lawyer and told me I should be ashamed of myself."

Tpr. Smith texted back: "hahahaha f*** her and f*** him. She say how much she'd had to drink?"

Wyrick texts, "She said 1 drink at 7pm."

Smith then replys: "f*** her"

The Highway Patrol also released Tuesday mobile data messages from the two troopers. Three messages were sent after Tpr. Smith pulled over Hoyt Tessener for speeding.

"Tell him if he wants to cop an attitude to feel free and come back and ill stroke him that speed," Smith wrote.

Wyrick replied, "How fast," and Smith answered back, "58," refering to 58 miles per hour in a 45 miles per hour zone.

The Highway Patrol says the internal investigation continues into Wyrick and Smith. Both men are on administrative duty for the time being. The Highway Patrol expects to wrap up the investigation soon.

We called Hoyt Tessener today for comment about the latest information we've uncovered, but have not heard back from him.

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.

The right to a prearrest test IS in fact public information...ANYONE can look that law up and read and understand it. It is not an officer's responsibility to provide that information...

One other thing about a prearrest test...if you are stopped and being questioned and you request one...the officer that has you there does NOT have to administer that test...he only has to afford you the opportunity...basically get you to where an instrument is and it would be up to you to find someone that was certified and willing to run the test for you.

Another little tidbit of information that is not made public, but is public information if you are willing to read the laws and case law and see how past rulings have been made...

I am sure Tropper Wyrick would not have run the test for her if she requested a prearrest test, just as I would not have run one for anyone that I have ever stopped while investigating a DWI...

I, too, think a bit of sensitivity training might be in order here. If this is the only black mark these guys have against them then I think these Troopers should get a reprimand and be put back on the road. I doubt we ever here this out of them again. We don't need to lose Troopers when the budget has been cut so tight, those positions may not be filled. If they are good troopers, then give them a class in customer service and let it be. If they have other marks against them, then by all means "let the punishment fit the crime". In the meantime, Mr. Tessner needs a class in anger management and I bet next time he will know that he might be on camera.(and a class on how to describe women's attire...pumps and a knee length cocktail dress does not equal and evening gown and high heeled shoes).
Not saying I agree with either side of this argument. I think there's enough blame to go around.

Caroline, I can't disagree with your statement that there's plenty of blame to go around.... but the bucket of "blame" to be carried by the troopers is much heavier than what should be carried by the Tesseners.

If these texts are authentic, it shows that Tpr. Wyrick was untruthful.

My wife or daughter could have been abusively detained by this man, the same as Sen. Goolsby's wife or daughter too.

Smith and Wyrick need to be dismissed from duty. Since Smith used this "turn of phrase" first, here's my wish for him: "f..... you too".

Neither of these men have the judgment or maturity to be on their own on our highways enforcing any law.

AGREED

My bad, he no where to be found.
I guess you people never dropped the f bomb before. Trooper Smith, you sir are going to hell. How dare you text privately to someone else. Furthermore what are this weeks winning lotto numbers because if you can read between the lines and know what car tessner was driving and knew he would be speeding. You need get up with me. We could make alot of money together. I do not understand what's going on in the world. A Guy that was arrested also stated Wyrick kept his cool? He must have been intimidated too. I think the HP needs to put 3 on their side doors as well as window nets. Move over Earnhardt there is a new intimidater in town. I think its ashamed that this lie has gone on as long as it has. Tessner should be sued for his actions. This does not have to do with the 0.0 everybody is so fascinated over. Its the lie over intimidation that obviously did not occur. Mr `Tessner you need to find another line of work. You make attorneys look bad. Good luck with your court date you are going to need it.

Firing isn't enough. We should imprison him. Does he own any real property we can seize? Why pussyfoot around - why don't we fire him AND cut out his tongue....or amputate his thumbs, which I guess would be more appropriate in this case.

I have refrained from commenting on this story (save for one post, to correct a point of law) for two reasons: Not enough was known and I worked in and now with law enforcement long enough to know that encountering a bully wearing a badge isn't unheard of.

There's enough known now. This is NOT a case of a bully (or two) wearing a badge. This is a case of a trooper doing his best to deal with a complete flaming a**hole.

Observing Mister Tessener's actions and attitude, I assure you that I would have called in a backup unit as well to test HIM to see if drinking was the cause of his behavior and to simply delay him from trying anything confrontational on the road. The only issue I have with this whole story is Smith not citing him when he was doing 13 mph over the speed limit. Why give a break to an a**hole?

For those of you who have never had to deal with people like Mister Tessener in a professional capacity, I can assure you that "f**k" is likely second to only 10-4 in law enforcement lingo when you encounter one of these people.

Here's hoping that Wyrick and Smith are returned to full duty quickly.

Spoken like a true ex cop Im sure. I have been around enough of these types for over 20 years and you can see them coming miles away. They are probably not married and have no children. Young studs trolling for women.I do not even consider troopers real cops. They have no investgative experience at all. Try to get a PI license from the state of NC after 30 years as a trooper !!!

I don't agree with Common most of the time but this time, yeah, I agree 100%!!!!

All the couch potato lawyers here..... Quite funny to read actually. Wonder if they actually interact with the real world sans the foil? Nah....

You don't have all the facts. Your response is as if you would like to join in the fun. Let me reassure you that if this were your wife you might be a little more sensitive to the matter.

If that had been my wife, she would have taken his roadside tests, and driven home...

One thing she never needed was me coming to the rescue. She is a grown-up, and never accepted the role of damsel in distress. She is one absolutely gorgeous, intelligent, independent, TOUGH woman.

Now I can understand Mrs. Tessener calling her husband, as he is an attorney. I have to wonder, however, did she not anticipate his over-the-top reaction, and the fact that things would go South immediately upon his arrival?

Once it was apparent that she was not intoxicated, she (and hubby) knew that no charges would be filed. What was the justification for all the angst and anger? A delay while procedure was followed?

Officers are trained to always retain total control of the situation. Wyrick did just that.

Common, a good rant on your behalf defending a cop saying a bad word. Why haven't you addressed the fact that both troopers lied about not corresponding with each other.

Here's my wish for you: you should never have to experience a loved one's being wrongfully detained by a MISCREANT.

One of the original allegation was that the Trooper sent text messages to set up the husband. Folks, you can read these texts and times they were sent for yourselves. Although the language may be more colorful than some are used to, the content of the texts does not indicate that they conspired to have the husband stopped. Nowhere in the texts does it mention the names of the lawyer or his wife. It doesn't mention the type of car he is driving. It's nightime. The other Trooper clocks a car speeding and stops it. Unless the other Trooper is a mind reader, he has no idea who he has stopped for speeding until he gets to the window and speaks to the driver. I'm sure this particular driver, the husband, had plenty to say. We have seen on the WBPD video that the husband is less pleasant. How do you think he behaved and interacted with the Trooper? Still, he was let go with a *warning*, not a citation. Sorry, but that doesn't add up to a set up, so the Troopers did not lie about setting him up.

...for any statement they made that is proven untrue. Assuming this is the first lapse of integrity however, I hardly think it would justify termination.

Since some loon referenced "Sheriff Andy," let me be just as nutty and quote the equally mythical Joe Friday: "It's unfortunate that we have to recruit from the human race. Our officers aren't perfect and sometimes they make mistakes, because they are human."

Although you have some valid points regarding the attorneys demeanor. The NCHP is required to uphold a certain standard of professionalism. Their recent exposure in the news regarding "professionalism" has already induced great damage to their reputation. We're not talking about seven dollar rent-a-cops here.

I can't help how flaming of an a**hole Tessner was, the troopers were in control and are fully trained on how to deal with people like him. I cannot (and would not) address anyone vocally, by text, by email or any other form of communication in such a manner. It is very rude, disgusting, very unprofessional and displays a severe lack of command with the English language. In my business and in my capacity, I would expect to be fired on the spot for the use of that verb.

You may be totally correct that the "F" word is as common as 10-4, but I doubt it as radio communications go out to all LEO's and dispatchers. You never know these days though, almost anything is supposed to be acceptable without ruffling feathers. I'm actually beginning to wonder when rape and pedophilia will become acceptable behavior that people just need to "get over".

He wasn't addressing Tessener. He was conversing with another officer.

If you want to fire every law-enforcement officer who has used that word to describe an encounter, a suspect, or a boss when speaking with another officer, we'll have about twenty guys left between Maine and San Diego.

Now I know I made a good decision to leave this god awful profession after 17 years of service. I was surrounded by these types and it drove me crazy.

This is New Hanover County-notoriously known for shady behavior from "officials" from many different positions of power. The behavior of the troopers happens (I am quite sure)-on a daily basis to many folks, not just to spouses of obnoxious attorneys. I think the husbands attitude most undoubtedly comes from probably getting away erratic behavior on a daily basis and has crossed his "county of i dont see a thing" into a county where they will get you whether you do it yourself or they set you up. It happens folks, dont think for a second that it doesnt. I wonder what kind of response some might get from the Governor's office if you are not married to an attorney and had the same thing happen??? I'm guessing nothing but who am I??

Ask yourself a few questions; How many times have you seen a patrolman pull over a vehicle driven by an attractive female? How many times have you seen a law officer riding around talking on his cell phone? How many law enforcement officers were inspired to enter the profession by Andy Griffin? Too many law enforcement officers today are Rambo wanna bes who think a uniform and a little authority makes them god's gift to women. You don't beleive that? Well check the law officer divorce rate. Think they're just out there enforcing the law? Wrong again. They're playing games and conspiring to bust people like you and I. Just read these two guy's text messages. Are they enforcing the law or playing cop games? And I may have missed it, but when she blew zero, where was the apology? "Sorry for the cunfusion", "you'all have a good Holiday", "if there's anything we can do to make your stay a more pleasant one, just let us know". That's what Andy would have said.

"...How many law enforcement officers were inspired to enter the profession by Andy Griffin?" --- Ummmm, it's Griffith

"...makes them god's gift to women..." --- Capital "G" in God's please

"...You don't beleive that?" --- Believe is the correct spelling

"...They're playing games and conspiring to bust people like you and I..." --- It should read You and me

"...And I may have missed it, but when she blew zero, where was the apology? "Sorry for the cunfusion", "you'all have a good Holiday", ..." --- Confusion is the correct spelling and she was arrested, so there is no apology needed...just get the magistrate to release her and tell her to have a good day, and what word is "you'all"....should it be ya'll? Just wondering...

Did you go to school, or home-schooled watching episodes of "Andy Griffin?"

When trolling someone on the internet and correcting their grammar, be sure to get it right. Y'all not ya'll. You are not omitting any letters in the word "all", it's the "you" part you are ommiting letters from. Troll elsewhere and look up "Apostrophe".

Wyrick is a pompus blowhard. He stands around and his face is red all the time with veins popping out. He's high strung and I have had personal encounters with this man. He is testy and gets pissed easily. Very intimidating as well. Just because an officer tells you to do something doesn't mean you do it. They work for the state, not you and I like you like to believe. Do they ever defend someone in court? No, they are always in the prosecution.

He jokes and laughs in the courtroom while others are made to sit in silence. They all play with their cell phones while we are not to be seen with them. All these troopers think they are high and mighty. They need to go back to Peace Officers not LEOs. They are there for our protection, not meter maids sent to collect money for their cronies to pay for their salaries.

He had no resonable suspicion to arrest her. How could he? "I smell alchohol." is not resonable cuase to arrest. You need a little more than that... They need tighter reigns, not looser reigns on these troopers, police etc. They need to be at a MUCH higher standard than eveyone else. They effect eveyones lives, they better be squeeky clean.

The divorce rate is so high because they are working all hours of the night & often deal with high risk situations. They never know when the worst case scenario may happen. Most love their spouses, but the spouses simply cannot handle the stress & worry that goes along with that marriage. Not to mention that officers have to work holidays & other times when everybody else is out having family time.

Come on WWAY. Any significiant reason to throw that in the title. Who cares about what one trooper sent the other. It's plain as day they didn't set them up for another stop by texting. Just 2 troopers texting one another about what's going on. Happens all the time and god forbid you inquire into all LEO's texts and MDT messages; no doubt you'd get an eyefull. But continue on this path and show who the real culprit(s) is/are. Based on how Hoyt has acted, I'm guessing this was all his doing but the wife has not disagreed with any of it. We'll see which one, if not both of them are guilty soon.

..and total lack of professionalism! THAT is why it was reported! This story has flip-flopped more times than a cold fish on a hot deck. It also shows the troopers aren't nearly as innocent as they make themselves out to be. Sure, they may have "acted professional" when they knew they were on camera, but they forgot about this little tid-bit and it's going to bite them hard! These foul-mouthed texts just blew away any credibility these officers had. It shows their demeanor, their spite, their LACK of professionalism and their power-mongering attitudes! It's great to see the truth come out as it was really looking one-sided there for a while. It's a crying shame that our tax money is paying for lunk-heads like those "sooper-troopers" to patrol our highways. Nothing other than a complete disappointment to the public and ANOTHER disgrace to the NCHP!

I was actually on the troopers sides until their filty communications were exposed. Now...replace them with professional troopers that know how to use English and put these two hot-headed, "tough guys" to the curb!!

I call it venting to each other in a semi-private venue so that they don't have to vent in public. I don't blame them. I say it's time they go ahead and charge Hoyt with speeding 58 in a 45. And Bev needs to step in and tell Hoyt to sit down and shut up.

I wonder if the state bar is going to have something to say about Hoyt's public tantrum? Is this the way attorneys should behave? Oh wait, the state bar is comprised of .. wait for it .. ATTORNEYS! Fox guarding the hen house.

You must either be kidding or have a severe lack of knowledge concerning professional conduct by a state employee!

He had a lady under arrest, the text conversation was relative to that arrest, the situation and the individuals involved. The LEO's were on active duty in state owned vehicles texting on state owned cell phones.

There is NOTHING even close to a "semi-private venue" here, nothing private about it at all.

As far as Hoyt's tantrum...big deal. That crap happens many times everyday and has nothing to do with the outcome of whether his wife was drunk or not. You don't have to be an attorney to be an a**hole and the NCHP is trained well to deal with those. The judge doesn't care. There isn't a "behavior" block to check on the ticket book.

The cell phones were NOT state-owned. They were personal cell phones.

Senator Goolsby,the conduct of the two troopers that you have come out in public and so rigoursly defended,is far from the "0" tolerance that Gov.Perdue expects from state personnel.Maybe, you should have reserved your opinion until the investigation is completed,unless you personally condone this type of behavior of intimidation and harassment of the good citizens of this state. I urge you and Gov.Perdue to stand up and do the right thing and terminate these two.The citizens and the traveling public do not need to be scared,intimidated,or harrassed by officers that we put our trust in.There are many, many good,hard working officers out there that represent this state to the highest standard.Throw these two bad apples over the fence and let them rot.

Well, the text message clearly demonstrates the attitude of this state employee towards the citizens of the state he is sworn "to protect and to serve". One does not have to read between the lines to see that Mr Smith should not have the word "trooper" preceding his name. His attitude is shameful and he is a disgrace. It seems that Smith has "copped an attitude". One question to law enforcement: is this an exception or is it the rule? Don't go away mad Smith, just go away.