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RALEIGH, NC (NEWS RELEASE) — Today the North Carolina State Highway Patrol released the results of an internal investigation of Wilmington-based Troopers Edward S. Wyrick Jr. and Andrew M. Smith. The investigation was conducted in response to a complaint and was completed after a thorough, fair and impartial examination of the facts in the case.

Read the investigation reports

The investigation shows that all allegations against Trooper Wyrick were unsubstantiated and he is exonerated. The investigation confirmed that Trooper Wyrick was justified in making the traffic stop and had probable cause for a DWI arrest. No evidence exists that supports the allegations contained within the letter of complaint. Trooper Wyrick will return to full duty status immediately.

The investigation did reveal conduct by Trooper Smith that was unprofessional and in violation of Patrol policy. He is scheduled for a pre-suspension conference next week and will receive additional training on the Patrol Policy violations. At the conclusion of the imposed suspension, Trooper Smith will return to full duty status.

On Monday, June 27, the Highway Patrol received a letter of complaint from Mr. Hoyt Tessener, a Raleigh lawyer, alleging officer misconduct during a traffic stop of his wife that occurred on Tuesday, June 21. Mrs. Gina Tessener was stopped for a broken headlight and then refused to comply with Trooper Wyrick’s requests to conduct roadside tests for intoxication. Mr. Tessener, who followed Trooper Wyrick as he transported Mrs. Tessener to the magistrate’s office, was subsequently pulled over by Trooper Smith for speeding.

Upon receiving Mr. Tessener’s letter, Commander of the Highway Patrol Colonel Michael Gilchrist directed an immediate Internal Affairs investigation into the allegations. Troopers Edward S. Wyrick and Andrew M. Smith were placed on administrative duty pending the investigation’s outcome.

“During the course of the investigation, a number of discrepancies were discovered between what was alleged to have occurred and what we know occurred through witness accounts and other information. The information and evidence obtained during the investigation does not support Mr. Tessener’s allegations. However, the investigation did show that Trooper Smith violated Patrol policy, and he will be disciplined accordingly,” said Col. Gilchrist.

Comment on this Story

  • Guestbob

    I’m glad you are bringing up old news. I’m sure if we to your job there would be someone over the years not dropping fries the way they should. Grow up. Wyrick was exonerated the way he should have been. Apparently we now have language police and cannot say anything or text privatley in this world anymore. Trooper wyrick sue the pants off of that so called attorney and the bar needs to snatch his license. This was a waste if time when all she needed to do was a test roadside. It would not have been so bad if hoyt would have voiced his concerns without making up 8 pages of lies to back up his claims. He was not even with his wife so he did not even know what she had to drink if any. And he introduced himself with “did he touch you” give me a break.

  • Another law abiding citizen

    If you read the full SHP report, you’ll see how the troopers switched to an unrecordered/ unmonitored frequency with no explanation as to why. Apparently the SHP doesn’t see anything weird about that. Also, per the SHP said Verizon could not verify if any of the troopers’ text messages were deleted. If you read the text message thread, some of it doesn’t make cohesive sense. It is apparent, the Tesseners felt anger and frustration and exaggerated their point of view but don’t we all when we are treated unfairly and are wrongly accused. Trooper Wyrick got away with it this time but I really hope the people of New Hanover County watch him carefully and report anything questionable.

  • SurfCityTom

    exoneration of Trooper Wyrick, it’s unfortunate the state can not bill him for the costs of the investigation.

    He very clearly misrepresented the facts; he was not candid and honest; he was clearly beligerant and confrontational.

    Read the investigative report. The investigating officers inspected the “parking lot”; reviewed all of the video tapes; nd interviewed everyone involved. That was not a cheap investigation.

  • venting

    Everyone on here who doesn’t think there was wrong doing on the SHP side is crazy and maybe should seek help. I hope if you are ever mistreated by one–You will remember how let down you feel after defending them.. They may start out as great cops, but as time goes by and they see how much power they have, things start to change…For most, the ego gets so big that they cant ever be wrong about anyone. If they say they smell beer then they must of had a few or someone looks like they drink then they must…If they drive a nice car they must be rich…Crazy!!! Everyone becomes guilty no matter what. I think there should be some kind of rotation in place to keep them in check. Burnt out cops are bad cops!!! Just the same applies to teachers– A burnt out teacher is not a very good one. There has to be some kind of screening done to the public service jobs that are important to our community. After doing the same thing day after day year after year with “no pay raises” or “high Stress” There needs to be some type of screening to see if it is a time for change. I understand that experience makes you wiser, but it could also make you bitter and the general public “taxpayers” are paying the price. In this case–The cop was wrong about her and he was off the road for 4 hours. He may have experience, but his ego got in the way and it cost taxpayers money and time off our roads keeping us safe. Think of how many drunk drivers were out there riding around, while he was dealing with a woman who blew a 0.00 two different times. He could have caught one of them instead he was wasting time with a woman who had a headlight out. Goes to show– They have to be right, because he smelled booze then she must have been drinking.”but she wasn”t” She was unsteady on her feet. She was wearing heels—but he must be a expert on wearing heels too.. because everyone woman knows on the right rough road it is hard to walk in heels and I myself as a female would not walk barefooted on the side of the road. Think of the germs, glass, and trash that could be on the side of the road. Would you want your wife or mother to walk over that if she had done nothing wrong except for having a headlight out. We need change and venting with comments is not going to do it. We need to come together as taxpayers and make that change happen. Why not stop all this welfare for people who make a career of it and give the money to our cops and our teachers, maybe this will help with all the bitterness they have grown towards us in the last few years. My friend’s son loves everything about a policeman and he gets so excited when he sees a car or an officer in public, All he wants to do is fight bad guys..Funny that is how it used to be…Will hate to see the disapointment when he sees that isnt how it really is, I dont hate cops, I just hate how their egos has become more important than right or wrong and having ethics when doing their job. If I was a retired police officer or SHP, I would take pride in knowing I did it right, and I would hate knowing that the ones who wear the uniform now haven given my job such a bad name. Get a Clue People–and if you dont now–soon you will be the person with the headlight out.

  • Publiicavennger1984

    El Cheapo was told by the car dealership to fix the light, a few weeks before the incident. It would cost $200. It was fixed 6 days after the incident. I guess Sugar Daddy Elmer Fudd has to watch his pennies, to keep depressed Miss Priss Troophy Wife in liquor. And pretend to be a Bigshot. First a fight over a bar-tab, now this. I think they would makke a great Reality TV show.

  • traumacode3

    As someone who personally and professionally knows Trooper Wyrick I was shocked to hear about these accusations. Everytime I have dealt with Trooper Wyrick he has always been professional and I think the videos that have been made public show he was professional. The Tesseners had their 15 minutes of fame and its now time for them to shut up and go on with their life. I found it very funny that Hoyt Tessener walked in claiming to be her attorney. Granted he is an attorney but he deals with Personal Injury and works with Martin and Jones up in Raleigh. Hoyt Tessener clearly showed his ignorance in criminal law the minute he opened his mouth the night this happened and also in his letter to the Governor. Had he been as smart as he tried to make himself out to be he would have known that Mrs. Tessener who apparently is not the law abiding citizen she and her husband tried to make her out to be could not be released by Trooper Wyrick. Hoyt Tessener tried to throw around big names about who he knows (assuming he really knows these people and I say that because its clear he likes to lower his credibility by lying about events) in a clear effort to help him. In the end his throwing around names did nothing for him but the evidence helped and cleared Trooper Wyrick.

  • saillboat2323

    Last years news but interesting ain’t it.These are the guys that are enforcing our laws sleep well tonight.

    BY MICHAEL BIESECKER – Staff Writer
    A high-ranking supervisor with Butner Public Safety was fired Monday over the mishandling of an April traffic stop that involved an off-duty state Highway Patrol captain who was driving drunk on Interstate 85.

    Maj. Anthony W. Moss, dismissed Monday for personal conduct violations, is the fourth law officer fired over the incident. Moss was called at home by a police dispatcher early on the morning of April3 and told that a Butner officer had pulled Highway Patrol Capt. James Williams Jr. over because he was “extremely drunk.” The call was recorded.

    Rather than arrest Williams, the officers under Moss’ supervision took the intoxicated trooper to a nearby hotel and had his Ford Mustang convertible towed.

    Williams was fired last month along with the two Butner officers who let him go, Capt. Walter B. Williams and Lt. Daniel C. Parrott.

    “The officers involved in this incident failed to enforce the law and abide by their oaths of office, and we cannot tolerate that,” Chief Wayne Hobgood of Butner Public Safety said, according to a media release issued Monday.

    Moss, who was second in the chain of command, had been an officer at the state-run Butner police agency since 1993. He was placed on paid leave for the past month while his role in the decision to let the drunk trooper go was investigated. Moss’ annual salary was $66,125.

    Hobgood, who has maintained that he knew nothing about the officers’ actions until he was called by a reporter a week after the incident, said he has made clear to his remaining staff that favoritism such as that shown to Williams will not be tolerated.

    “Our officers are held to high standards, and we expect no less,” Hobgood said. “I have personally met with each and every member of this department since the incident occurred and have made clear my expectations and the repercussions for not meeting them.”

    Read more: http://www.newsobserver.com/2010/06/22/545176/4th-police-officer-fired-in-butner.html#ixzz1Rfgvekm1

  • Guest1234567

    You are so right, Smith was wrong with his words and attitude. Maybe he will be a better trooper now that his bad has been exposed.

  • Guest2020

    Why should punishment be doled out to an officer that was cleared of any wrongdoing? Wyrick was cleared of all wrongdoing. Unless, I have misunderstood the only wrongdoing that Smith is being punished for is not filling out the proper form for the stop. Regardless of why the attorney claims he was speeding, he was speeding. As a driver he is responsible for his actions.

  • Brian

    I wonder if we, as the citizens of New Hanover County can direct the district attorney to file a civil suit against this ‘attorney’ seeking liquidated damages for the loss of services of two law enforcement officers over the course of a busy holiday weekend as a direct result of his lies.

    Additionally, can he be charged with filing a false police report?

    I doubt that any action will be taken against him, since he’s an attorney.

  • dirk

    bunch of lies and distortions. these must be all cops commenting here. point 1 – pulled over for a cracked tail light. point 2 – totally sober! point 3 – taken into custody…. point 4 officer with this guy’s hot wife in his car drives so fast to the station, that the husband, following the cop gets pulled over for speeding by officer’s buddy cop on duty that he called to say, hey pull this guy over for following me and his wife? dirt bags….. point 5 – lady still breathed a 0.0 at the station, just to reiterate….. these x marines think we live in a police state. i feel as if we are in communist china. wake up sheep!

  • sailboat2323

    Home » News » Crime
    Former Tyrone cop arrested for child molestation
    Crime Fayette County Friday, March 12, 2010 – 4:42pm
    Submitted by Ben Nelms

    Former Tyrone police officer Matthew New was arrested March 11 by investigators with the Fayetteville Police Department on 41 charges involving children, including child molestation and aggravated sexual battery. New resigned his position in Tyrone in late February while under investigation for unrelated policy violations.

    The 38-year-old Fayetteville resident was arrested on the basis of an investigation by Fayetteville police that began Feb. 2, said Chief Steve Heaton. The former Tyrone officer was initially arrested on two charges of child molestation, Heaton said.

    Information stemming from the investigation resulted in 39 additional charges, said Heaton. Of those, New has been charged with one count of aggravated sexual battery, one count of sexual battery, two counts of enticing a child for indecent purposes and 35 counts of child pornography, according to jail records.

    Heaton said more than one child was victimized. The children were under age 16 at the time of the incidents, he said, and one of the children was a family member.
    The allegation of molestation filed by a member of New’s family occurred in November 2007, said Heaton.

    During the investigation, several pieces of New’s computer were taken for examination, Heaton said, adding that the Georgia Bureau of Investigation conducted a forensic examination of New’s computer that revealed evidence of the crime, he said. In addition to that evidence, Heaton said other evidence of other crimes were also located that led to the additional charges.

    Heaton said other charges could be forthcoming if the investigation by the GBI reveals additional evidence.

    Tyrone Police Chief Brandon Perkins said Officer New was placed on administrative leave from the Tyrone Police Department immediately upon the agency being notified of the investigation by Fayetteville police on Feb. 2.

    New later resigned from the Tyrone Police Department on Feb. 24 while under an internal investigation of unrelated policy violations pertaining to issues such as potentially falsifying time sheets, Perkins said, adding that New resigned prior to the conclusion of the investigation.

    New began his employment with the Tyrone Police Department on Jan. 22, 2001, according to Perkins.

  • Ed Ukator

    If we could all move beyond the name calling and rhetoric and try to learn something from this experience, then we might turn a negative into a positive. Mr. Goolsby had an opportunity to educate us all on whether this was a proper stop, whether there was “Real” probable cause or not to suspect a DWI or DUI. Unfortunately he chose to play the political card without knowing all the facts. Questions: Does a burned out light bulb, whether a headlight, turn signal, expired tag or inspection, or mechanical violation give the officer the right or probable cause to conduct a field sobriety test? Why does sobriety enter into the equation if there is no real evidence to support the individual driver may be under the influence? If “Probable Cause” is simply whatever the Officer says it is without supporting evidence to back up his or her claim, then this seems to be a violation of everyone’s Constitutional Rights. For a minute let us forget all the individuals involved in this and ask the question do we all need retraining so we understand our rights as drivers and citizens and this should also include those chosen by the citizens of North Carolina to serve and protect. Also, we should learn to respect one another and this should be learned on both sides, because basically we are all on the same side wanting the same things, safer roads and communities. One last question, were the Officers in question texting while driving?

  • Jer

    What bothered me most was Gov. Perdue’s response that a bad attitude and foul language wasn’t grounds for dismissal for Trooper Smith. The NC highway patrol used to be one of the most respected in the country. No more and this is one reason why. It’s turned into a “good-ole’ boy” organization with no one to keep them in check as one of the other posters pointed out.

  • Guest2020

    The breathalyzer was administered more than an hour after the initial stop. He had probable cause to do what he did. They were not on the side of the road. They were in a paved parking lot, that she had claimed to be gravel. If you will read everything involved that has been made available to the public, you will see that the lawyer and his wife were proven to have lied.

  • PublicAvenger1984

    Like when Elmer Fudd Cheapskate, enters the kitchen area of a resturant and punches the manager, as he follows him in. When you have a judge, who is a lawyer, judging another lawyer, she sees that as ‘self defense’.
    This is the ultimate example of a miscarrige of justice.

  • Brock

    You’d be surprised that many of the finest deputies, firefighters, emts, doctors, nurses, etc are human beings. Individuals who make crass remarks and inappropriate jokes.

    Its the same everywhere.

    Most do have the common sense to keep it off recorded channels and away from the public eye.

  • Guest28451

    is to transfer both of these troopers outta the Wilmington Area to avoid any additional conflicts. There is too much heat on them. As I stated before I wasnt rushing to judge but that somethign didnt smell right and I knew the 2nd stop was questionable against the husband. But truthfully I think a duty rotation is called for to avoid any issues by the troopers because they will be under too much scrutiny by the public after these activites and sadly innocent or not Trooper Wynrick is gonna have a bullseye on him for police brutality in any incident he maybe involved with and for the sake of his career he needs to move even if its up towards Kinston or even out to the Western part of the state.

  • Grand Ole Party

    It’s over noc cupcake. I know it upsets you that no one was fired, but deal with it!!! If you really despise the police so much, leave. Move to Somalia. Sail right into the ports and enjoy yourself. No law to worry about there.

  • sailboat2323

    There was no loss of services they were driving a desk up in Raleigh. Don’t you think they called in reserve officers to cover their positions.

  • Guest421

    Good for the Troopers. Now somebody charge this Tessener for speeding and filing a false police report.

    What a lying sack of crap.

  • Guestkhiaouh

    Why hasn’t Hoyt (or whatever the hot head attorney husband was) get charged with perjury??? In all his statements, I’m sure they were written and sworn under oath. Or at the very least, have the Bar discipline him for his unethical practices. He has opened a can of worms and I think he should be strung out to dry just as the officers were attempted to be blasted for their ability to perform the laws of the land!!!

  • Columbus Countian

    Regardless of the outcome of this case, the Tesseners project a severe sense of entitlement related to Mr. Tessener’s possession of a law degree.

  • guesty

    He didn’t file a false police report. He wrote a letter that was proven to not be accurate.

  • Guest 1950

    Agencies do have internal affairs personnel. Unless there has been a policy change, the only statewide jurisdiction the NCSBI has is arson investigations and police shootings, and otherwise has to be invited in by the locals to assist in other felonies. The FBI has federal jurisdiction in bank robberies but can pick and choose which bank robberies to assume that jurisdiction. The FBI can decline a bank robbery if it elects to and let the locals do the investigation.

  • Guest1985

    Smith cannot defend his (Smith’s) own typed words. The NCSHP cannot defend the indefensible. Therefore the patrol will take some action, which is necessary. Smith may need a desk job and not have the public exposed to his issues.

  • Guest 1950

    does their job include projecting an “attitude” like Smith did? Does their job necessitate a “F” him and “F” her view of the driving public? Does their job include an implied threat such as “TELL HIM IF HE WANTS TO COP AN ATTITUDE TO FEEL FREE AND COME BACK AND ILL STROKE HIM THAT SPEED” (upper case as depicted in the Star News). Their job is to write tickets and Smith brought this embarrassment on himself and his agency.

  • Robert Espi

    Good JOB TROOPERS KEEP UP THE GOOD WORK

  • GuestTree

    Yes, more words of wisdom from the Great One! Thank you for our daily bread. How are the high seas?

  • Guestloveit

    …in Smith’s Doughnuts! Bad cop! No more doughnuts for you!

  • Rollo_Tomasi

    Dudes? They totally got it right….outstanding job…

  • GuestTrain

    The only one to humiliate the Tessener duo was Hoyt himself. The SHP never aired their dirty laundry and made a spectacle of them. Hoyt did that by parading his dishonest letter to half of NC government and media. Law enforcement officers do not have to humiliate anyone. Idiots tend to humiliate themselves without any help.

  • ohmy

    I’m thinking WHY-rick might just be transfered to Raleigh to be Bev’s new chauffer…..it appears he likes middle age blondes!

  • sailboat2323

    Not eveyone that does not like cops is a criminal, some of us are not just badge hags like you. We like the laws for safety just not jackbooted thugs who inforce them. Go watch COPS on tv and get off like I’m sure you do.

  • law abiding

    In all these comments, you can OBVIOUSLY differentiate between the law-abiding citizens and the NON law-abiding citizens!!!! The NONs won’t simply shut their mouths even with the results of an IA investigation!!! Get a life! If you have a problems with the laws in this state AND country, march up to Capitol Hill and complain, stop blaming the officers for doing their jobs and trying to keep you and your family safe! Better yet, you take an oath to protect and serve to make a difference! That’s right…either you don’t have the guts or you have criminal histories!!!

  • whatever

    I wish everyone would leave the NCSHP alone and let them do their jobs. And yes they are human. I guess Mr. and Mrs. Attorney wanted to get a piece of the action since his practice is not thriving. What better way to get free advertising? And for the sake of all troopers I hope your home phones are not bugged. At least maybe at home you can have some privacy. I am proud of the NORTH CAROLINA HIGHWAY PATROL and the good work they do.

  • Guest111111100000

    Hmmm…something tells me you don’t have a clean track history of your own! If you knew anything about law enforcement agencies, they ALL have their own Internal Affairs division! Yes, all shootings and arsons are investigated by the SBI, all bank robberies, the FBI, etc. But all internal issues are investigated internally. So before you start rattling off your opinion about politics and law enforcement, know the facts!

  • truthseekeruest

    SHP’s own investigates its own. How come the SBI investigates locals in shooting cases. How fair is an investigation when the investigator is already a member of the same organization? Sounds like more politics to me. The State just authorized this trooper to go out and humiliate others, overdue his authority and not, I repeat not serve the citizens he is supposed to protect. How come you never read any complaints about female SHP Officers? Once again the citizens bear the brunt of over zealous SHP Officers. Not fair, not right and that sorry excuse for a Governor will bear the brunt in votes in 2012!

  • The Realist

    In basketball, you want the ref to call it the same way at both ends. I don’t have a problem with the law explaining everything away, and resolving this matter with little or no discipline, “if” they would just handle our cases the same way. But we know they wont.

  • calvin lewis

    who would you prefer to investigate? people like you that for unknown reasons have a personal problem with the NCSHP.you have no ideal how the patroloperates and the investgation process in a complaint. There happens to be many complaints that are dealt with by the investigation unit in raleigh manyof which YOU MY FRIEND never hear about which lead to troopers being suspended or fired incluing a FEMALE, i suggest you do your home work more carefully before you turn it in for a final grade,and the next time you are in trouble on N.C. highways think back to your comments when you key in *HP

  • Ridiculous

    And on the other hand we didn’t expect Hoyt to stand up like half the man he thinks he is and apologize for the false accusations…..ITS ON CAMERA YOU IDIOTS!!!!! Ohhhhhh….and there are other witnesses….even a drunk that corroberates what happened. When your wrong, your wrong…..Hoyt and your supporters(who are only following you because there not smart enough to lead on there own), grow up and do whats right…..YOU APOLOGIZE!!!!

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