Trooper fights for his job back

A former N.C. Highway Patrol trooper who lost his hat last March and was fired is in court trying to win his job back. Thomas C. Wetherington of New Bern is arguing his dismissal from the patrol at an administrative law hearing.

Losing his hat was not why he was fired, according to testimony by highway patrol brass. Wetherington was fired because he was not truthful in explaining how he lost his $45 hat.

Wetherington admitted that he was not truthful and offered variations as to how he lost his hat; one of those statements was made during a N.C. Highway Patrol internal affairs investigation at state patrol headquarters in Raleigh.

The internal investigation tape recording was played during court proceedings Wednesday in front of administrative law judge Beecher Gray, who is hearing the case.

Lawyer J. Michael McGinnis of Elizabethtown represents Wetherington, known as the petitioner. The respondents are two lawyers with the N.C. Department of Justice, Hal F. Askins and Tamara Zmuda. A representative from the Highway Patrol, Lt. James Blanks of internal affairs, is seated with the department of justice lawyers.

During the taped interview with internal affairs, he told the team interviewing him that he first told his supervisors, 1st Sgt. Kevin Rock and Sgt. David Oglesby, that a gust of wind blew his hat off. Wetherington told them he heard it bounce across U.S. 70 and that it was crushed by an 18-wheeler.

He said several days later, after going over the details in his mind, he realized he put his hat on the roof of his car on the light bar and it was blown away and lost. He admitted that he never told his supervisors that story.

He said on the tape that he was scared of his sergeants. “I don’t know how to tell a sergeant that I screwed up. I messed up. I was worried about my image and I didn’t want to be considered a screw-up or black sheep of the patrol,” Wetherington told the internal affairs panel.

Wetherington and other troopers searched the area, but the hat never turned up.

Wetherington made two stops the night he lost his hat. The first involved two men who had two pistols in their vehicle, along with alcohol and underage drinking. He said after he handled the vehicle with the weapons and alcohol, a stranded motorist caught his attention. He said the first stop put him in a heightened state of awareness and concern.

Wetherington admitted that allegations about his truthfulness were founded. He admitted not being forthcoming. He told internal affairs that he breached the patrol’s trust.

His hat turned up several weeks later. An occupant of the first vehicle stopped and scooped the hat up as it blew across the road. The hat was shown in court and was undamaged, indicating it had not been run over by a vehicle. The man called the highway patrol and said they had the hat. Before they could get it back to New Bern on the way to Carteret County, the man was stopped in Kinston by a state motor carrier officer. The officer saw the hat and took it, and returned it to highway patrol headquarters in New Bern.

Several New Bern residents, including New Bern alderman Dana Outlaw, a neighbor of Wetherington, Trent Woods  Town Commissioner Billy R. Joyner and New Bern Volunteer Fire Department Deputy Chief Ronnie Weems all testified to Wetherington’s character, trustworthiness and honesty.

When Wetherington first reported his hat missing to Oglesby, Oglesby told him to write a statement so Wetherington could be issued a new hat.

On Aug. 4, 2009, Wetherington was charged with a violation of the patrol’s code of conduct. The code is similar to that used by the military, and requires troopers to be truthful.

The hearing continues today. SHP Col. Randy Glover, who makes the final decision on troopers’ dismissal, is expected to testify.

Wetherington’s family and friends are attending the hearing.

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