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FIRST ON 3 UPDATE: As HP investigation nears end, a look at differing stories

READ MORE: FIRST ON 3 UPDATE: As HP investigation nears end, a look at differing stories

WILMINGTON, NC (WWAY) -- It's been more than a week since WWAY broke the story involving a Raleigh couple who accused two Highway Patrol troopers of crossing the line. The Highway Patrol says an internal investigation underway since the allegations came to light will soon come to a close.

Gina and Hoyt Tessener claimed troopers Edward Wyrick and Andrew Smith bullied them during a visit to the coast for a conference. Documents, recording and other information released since we broke the story give us a closer look at the many discrepancies in the different versions of the story.

The story starts with a long letter attorney Hoyt Tessener sent to Gov. Bev Perdue and more than a dozen other political heavyweights. The letter tells the Tesseners' account of an incident on June 21 into June 22, when Hoyt's wife Gina was pulled over near Wrightsville Beach as she left a gala in downtown Wilmington.

The Tesseners say Tpr. Wyrick pulled the mother of three over because he said a headlight on her Lexus sedan was out. A photo they provided shows the headlight working.

"He then turns to me and says, 'I smell alcohol on your breath,'" Gina Tessener said in her first TV interview June 28.

The Tesseners claimed in the letter and on camera that Gina did not have anything to drink that night.

"I didn't drink," she said in our interview.

But a DWI report says she told Wyrick she sipped a glass of wine.

The Tesseners claim the trooper then asked Gina to perform a field sobriety test. Gina was uncomfortable with his request due to the circumstances.

"I was in a cocktail dress," she said. "I had high heels on."

The Tesseners also claimed gina was in gravel lot, but Wyrick's DWI report says the stop was in a paved hotel lot.

After refusing the field tests, Gina wound up in cuffs and on her way to the Wrightsville Beach Police Department to take a breath test.

The Tesseners' letter claims that at the police station Wyrick allowed Gina one phone call and remained within inches of her as she called her husband. Vvideo from the police station shows a much different scene.

"You can make all the phone calls you want," Wyrick said as he handed Tessener her phone. "If you have any questions, ask me."

After Hoyt arrived, Gina passed two breath test, blowing a 0.00 each time.

"It was at this point where he became angry," Gina Tessener said.

Hoyt told us, "He did the second one and told us to leave for that one, and Gina left to the other room, and I didn't. I stood exactly where I was, and he came up and put his chest within an inch of my shoulder telling me to leave."

Again, the video tells a different story. Wyrick told the Tesseners to leave after the result showed up and did not get as close to Hoyt Tessener as the couple said.

Matthew Ragone was also in the intake area on a DWI charge. Despite blowing more than twice the legal limit, Ragone said in an exclusive interview with WWAY that Wyrick stayed calm the entire time.

"The officer himself kept his cool pretty well, asked the man multiple times to please calm down," Ragone said.

You can also see Gina walking around. Though Wyrick noted in his report that she was unsteady on her feet, she does not appear to be unstable on her high heels.

As the night of June 21 turned into the morning of June 22 the Wrightsville Beach Police Department video shows Gina Tessener still in custody. The Tesseners say it was at this time that they saw Tpr. Wyrick texting on his phone. Seventeen minutes later, Wyrick and Gina head to the New Hanover County Jail to see a magistrate.

Hoyt Tessener says he was following Wyrick, when another trooper, Andrew Smith, pulled him over for speeding. The Tesseners think the whole thing was a set-up organized by text message.

Tuesday the Highway Patrol released text messages between the two troopers prior to Hoyt's run-in with Smith. There's nothing suggesting a set-up; just an account of what Wyrick was going through with the Tessesners. Tpr. Smith, though, responded to the message saying "f*** her and f*** him."

After Smith let Hoyt Tessener go with a warning, computer messages between the troopers' cruisers show that while Wyrick was on the way to the jail he received this message from smith: "Tell him if he wants to cop an attitude to feel free and come back ill stroke him that speed."

Two minutes later and before Wyrick arrived at the jail he sent this back to Smith "How fast," with Smith replying, "58."

The Tesseners say once at the jail Gina faced a rude magistrate, who told her she's "one of those who thinks you're better than everybody else." The video of her hearing with the magistrate does not have audio. You can see the magistrate and Gina talking to one another.

We contacted the Highway Patrol today, but there's still no comment. A spokesman did say, though, the patrol is in the final stages of the investigation, which should wrap up very soon.

Meanwhile Hoyt Tessener is scheduled to be in court in Raleigh tomorrow morning for allegedly punching a bar manager in the face back in December. The Tesseners have not returned our calls for comment since our interview last week.

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.


Profane Language in Law Enforcement and Military.

Sorry to say, but not all Law enforcement officers are saints. Anyone who has been in the military or law enforcement knows what I mean. Just because you use profane language in private between peers does not necessarily make you a bad person. This seems as it was supposed to be a private conversation, and he did not publicly post a FU about the lawyer and his wife.

Some of our best defenders and protesters are a little ruff around the edges.

Now as to whether he was intimidating toward lawyer and his wife, I can not say, but a private conversation with profane language does not warrant this officer to be fired or punished. Now if this language was used in public toward an individual, than there would be a right to punish the officer.

Nuf' Said

No matter what transpired, bottom line, 0.00 twice! Nuf' said! Let the woman go, and get on to catching some real criminals. Lot of time and money has been wasted on this nonsense. I would be pissed as the devil too if I proved twice that I was not intoxicated and was still put through that foolishness, and my husband too, ridiculous! Get to some real law enforcement!

The txt messages

Ok lets correct the record. The fact is the text messages in question WERE NOT on their personal cell phones. They were done via the computers in the troopers cars on the statewide VIPER network data system period. They made these comments via State property onthe state network

It just occurred to me

It just occurred to me how funny it is that people are defending a lawyer against a police officer. They are calling the police officer a bully when the lawyer has been brought up on assault charges. And I thought it was a generally held belief that lawyers were at the bottom of the food chain. All joking aside, I do have one question, if a man is breaking in your house, who would you want to have your back, the lawyer or the officer? Having worked for attorneys in the past, I can tell you that I would never count on the lawyer to have my back.

Hot Head

I wonder if Mr Hot-Head Elmer Fudd wrote a letter to the governor, and all his other "bigshot friends", explaining how horrible it is that HE is being treated for punching a man in the face ?


I replace mine every 3 months if they need it or not. I guess that's why he bought one the next day and took pictures of his car.

Obsessive compulsive

Obsessive compulsive disorder? Or scared of the dark....


You replace your headlights every 3 months? Really? I have never heard of such.....

Now how do you KNOW he

Now how do you KNOW he replaced it the next day? Were you there?

According to the

According to the investigation report, internal affairs obtained a copy of the work record from the delearship that replaced the headlight the next day. Not only that, but there was a note in the records that the car had been brought in for the same problem previously and stopped by the police TWICE for the same headlight.


I may have been. I may have been the one that sold it to him. The state does not issue phones to troopers. The reason they have the texts is because they have nothing to hide. Its clear to normal people that this was not a set up.

WWAY please do "and The

WWAY please do "and The Winner Is" series on this. Thank you. It would be interesting!


Last time I checked those cell phones were paid out of their pocket. Have you ever stopped to wonder why Leo is the way they are? Its because dealing with idiots like on this discussion and never being able to do anything right in your eyes. Lets get rid of lawenforcement. Lets all depend on each other to keep the streets safe. Lets all carry guns and let the best shot win. Lets al investigate our own collisions and deal with the other party's insurance. I do not know why they should ever come to my home for me slapping my wife around. She probably deserved it. Lets get rid of 911 and save our taxes. Now how stupid does that sound?

To answer your question law

To answer your question law enforcemnet is the way they are because they were picked on in school and made fun of or just power hungry thugs that like to screw with people. Paramilitary organization for losers, why are we called civilians by them if not??? The old song and dance I just want to help people is bull and you know it. It's the only way they can get some amount of respect, plain and simple answer. They are only crooks with badges. You have child molesters, rapists,thieves and the same people in their ranks as they arrest. Search police corruption on your computer and read hundreds of stories on them.


Search for corruption in any profession (medical, law, business, politics, acadimics, sports, religion, media, art, food, etc.) and you will find thousands of stories of corruption. So, based on this logic, I assume that you never go to the doctor. Doctors are corrupt. You never seek legal advise. Lawyers are corrupt. You never vote, got an education (which kind of goes without saying for you), watch sports, pray (which one would need a soul for this), watch/read/listen to media or art, or even eat food. Because they're all corrupt.

Wow! If everyone else is corrupt, that means you are the only person in the world that is not corrupt. We can only hope that you will one day reveal yourself to all mankind and show us the way. Of course, being that we are all corrupt, we would probable crucify you, or at least make you scapegoat for one of our evil plans. Better thought, why don't you just stay on your sailboat. That way you'll be safe and "we" can't hurt you.

Please continue to enlighten us through these blogs of yours. That may be our only hope.

Never said people are not

Never said people are not corrupt in all professions but the LEO community is supposed to be the one's that are relied upon for keeping things above board. Yes all professions have some degree of corruption but cops especially think they can do it and get away with it and badge hags like you defend them. Bet your one of those people that watch COPS on tv and get excited if you know what I mean...

I do not know what

I do not know what profession you are in but I was around these type of fools for 17 years and it made me sick just to go to work and listen to their stories and general attitude about the public they serve. I made a decision to leave before my 30 years was up just to get away from them. I feel very comfortable saying 50% of the agents I worked with were unfit for duty.

Get a clue...

Yeah, we are all a bunch of people suffering post trauma from a youth spent being picked on. A light came on one day and I decided to be a cop to seek revenge and gain instant respect from the general public. You can see by many of these posts here that the respect just oozes from the general public we are sworn to serve and protect. Power hungry? Starving for respect? Apparently, you have never dealt with the people that we have to on a daily basis. If the picture you paint of the law enforcement persona is true then the picture of a "civilian" must be that of some ruthless bully who has no regard for his fellow civilians. This person seethes with anger and spits venom whenever they encounter people such as police who were obviously the victims of their assaults when they were younger. It is quite obvious that all civilians are scum that have no respect for anyone other than themselves.

Sound stupid? It should! It is the same BS that you try to paint law enforcement with. So far not a single thing has been shown to be a gross miscarriage of authority in this case. If anything, the "civilians" are the one's that seem to have the issues here. Already awaiting trial for punching a bartender in the face? Now caught lying outright about the facts as they occurred.

Before you destroy the character of every single police officer out there, how about checking yourself?

Bet dollars to doughnuts

Bet dollars to doughnuts (HEHE) that you would lie for one of your buddies before standing up for a "civilian" as you like to refer to us if came down to it. When in the military we called people not in the military civilians, last time I looked cops are not military.We civilans do have issues with jackbooted thugs trying to screw with us at every turn. Do you ever wonder why people pop caps in cops like they do they are tired of their God attitudes.Cops never had this attitude when I was younger, most were actually our friends and we RESPECTED them for who they were.

law enforcement stopping

are u serious????? this has nothing to do with bullying=I was bullied all my middle school and high school life,do you see me in the law enforcement-You all need to stop now... this is crazy-Trooper Wyrick was doing his job last time I cheked if you refuse a test you are supposed to go to jail period=get your facts straight-and I don't know this man personally,but I think he did the correct thing-put yourself in his shoes=would you want your son/daughter/mother/father/sister/brother or any kin riding down the road and a drunk hit them and then what?? you would yell at him for not doing his job again-regardless of what she blew,she admitted she had drank-HE WAS DOING HIS JOB TO PROTECT US GET A LIFE!!!

Texts and taxes

Since the taxpayers have paid big money ($millions? tens of $millions more?) for the computers and the communication system used for these public employees to make profanity laced comments about the public, all of the texts on the system should be examined and made available to the public. Let us see just how much contempt some troopers have for the public and how the public's high dollar resources are being used.

This trooper seemed amazingly comfortable using the taxpayers' system to make these unprofessional comments so it seems likely that these types of comments were neither isolated nor unique. These expensive systems are not the private toys of the troopers. We as taxpayers deserve to see how our tax money is used.


The trooper was on his own cell phone when the comments were made. It's a free country with freedom of speech. We can say on our private phones whatever we like. No laws were broken. The saddest thing is that a public citizen had his 15 minutes of fame and slandered 2 officers. The tapes proved that.

They were on their personel

They were on their personel cell phones. They were not using any profanity on any state communication system. I am sure you have never vented about a bad experience you have had at work. I am sure you have never used the same words. These men were out protecting you and your family as you hide behind a computer. You write that all communication needs to be public record and you do not even have the integrity to use your real name when posting a slander comment. This has nothing to do with taxpayers money, it has to do with people that think they are above the law. There is nothing that the Troopers did wrong. Everything that was accused has been proven a lie. The only thing is one of them used profanity on there personel cell phone, not to the public. BIG DEAL! They are State Troopers not preachers, and I bet they even drop a F-bomb once in a while.

They might have been on

They might have been on their personal cell phone but they were on my taxpayer's dime!!!

Do you know how much of your

Do you know how much of your tax dollars pays their salary? Less than 10 cents. Until you walk out of your home with a bulletproof vest, underpaid, underappreciated and constantly on guard then you can have an opinion. These men and women cannot check out at 5 and say my day is done; they go until the calls are clear. They can't sit for meals together without be watched by the public, criticized that they are wasting tax dollars or being interpreted to answer your questions. You get a hour lunch and 15 minutes breaks they are lucky if they get 2o minutes. They miss family event, kid’s functions, anniversaries, birthday and hundreds of other things to protect you and yours.

Until your job fits that description to a tee only then can you truly know what goes on. Appreciate these men and women who choose to protect you do their job. These men and women pray each day that they will return home in the same condition that they left. This does not happen as Law enforcement, "live in the worst twenty minutes of someone else's life".
Next time you dial 911 tell them your opinion on law enforcement, I bet they still will show up to help those that do appreciate what they give up so you can sleep sound!

Underpaid! Are you kidding

Underpaid! Are you kidding me. Troopers can be at top pay in 7 years pulling down a cool 60,000 grand a year. All this with no college education. Give me a break. Not even counting extra 5% in 401k every month.

I highly doubt you are a

I highly doubt you are a taxpayer


just because you pay taxes you don't own these guys.. and I'm quite sure there is nothing that says they can't curse... I bet you curse at your job here and there... how would you feel if your boss took your cell phone time to time and if found that you cursed he would contact the news media and air your conversation... sound good??? I think not..

Do you want your dime back?

So now they are not allowed to text while they are on your dime? Post your address and I will be sure to send you your dime back.

I do pay taxes and you do

I do pay taxes and you do bring up a different point of view, but are you going to fill out a 1099 form when you send me my dime? LO!