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

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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.

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