Former trooper says he was confused, never intentionally lied about hat

Former N.C. Highway Patrol trooper Thomas C. Wetherington, fired because the patrol says he violated its truthfulness policy, took the stand Thursday at an administrative law hearing being held in his effort to get his job back.

According to previous testimony by highway patrol brass, he was fired for being untruthful about how he lost his $45 hat, not just for losing it.

On Thursday, Wetherington defended his actions, saying the conflicting statements he made to his sergeants about losing his hat were what he thought to be true and accurate. He said when he was brought before patrol internal affairs, a team that would decide his fate, he was nervous.

“It was a small area and I felt surrounded,” he testified. “The people interviewing me made faces, raised their eyebrows and rolled their eyes. It increased my anxiety, I became confused and cried twice. They did not have a break and allow me to leave. I attempted to be accurate in the interview with the information provided me.”

Wetherington said he was not truthful in the statements he gave the patrol about his hat.

“I screwed up. I should have gone back to the sergeant and told him how I realized that the hat blew off my light bar of my patrol car and not my head, but I didn’t think it was materially significant to go back,” he said.

He said he did not attempt to deceive the internal affairs investigation unit at the patrol and did not willfully deceive Sgt. David Olgesby.

“I never intended to be untruthful to any supervisors,” Wetherington said on day two of the hearing.

Wetherington said he had a good working relationship with 1st Sgt. Kevin Rock and Oglesby. He said one of the reasons he didn’t correct his statements about the hat was his fear of Sgt. Richard Willis. He said Willis intimidated him.

“Did Sgt. Willis have anything to do with the hat investigation? Did Sgt. Willis cause you to change facts?” asked state Department of Justice attorney Hal F. Askins. Wetherington said no.

“I deny ever intentionally being untruthful,” Wetherington said.

Trooper Scott Casner testified about Wetherington’s honesty. Casner said he and Wetherington were in district court and a woman whom Wetherington cited for following too closely did not have a lawyer.

“She asked Wetherington how he knew she was following too close,” Casner said. “He testified in court that he used a stop watch to calculate.”

“When he got off the stand and sat down next to me, he said he didn’t have a stop watch,” Casner said.

Trooper Jeffrey Rink recounted going to the location on U.S. 70 East on March 28, 2009, when Wetherington lost his hat.

“He told me he was in his car headed to the Pembroke exit and realized he did not have his hat,” Rink said. “I told him not to worry about it, troopers lose items. He told me it was too late, that he told Sgt. Oglesby that a truck blew it off his head.”

Wetherington said the misstatements made to supervisors and internal affairs all came from being nervous and confused.

Wetherington said when he was involved in a traffic stop on U.S. 70, a large pickup hauling a boat was stopped for speeding. When Wetherington approached the vehicle, he smelled alcohol and the driver and passenger were underage. As his investigation continued and the truck was searched, two handguns were found.

He explained Thursday that the alcohol and guns put him in a heightened state that probably caused the confusion as to when and how he lost his hat.

Administrative law judge Beecher Gray concluded the hearing Thursday afternoon. He instructed the petitioner’s lawyer and the state’s lawyer to send him closing arguments.

Gray has to go over all of the evidence entered in the two-day hearing and review stacks of documents entered. He did not say when a ruling would be made.

Francine Sawyer can be reached at 252-635-5671 or at fsawyer@freedomenc.com.