A former trooper fired last month for reasons the Highway Patrol won't explain, says in court papers that he lost his job for having an extramarital affair and failing to respond when his paramour was allegedly attacked by her estranged husband.
In administrative court papers filed late yesterday, Scott says he should be disciplined, but not fired. He denies neglecting his duties that day and contends N.C. Crime Control Secretary Reuben Young's decision to dismiss him was excessive. Scott cites the discipline given to Commander Randy Glover 23 years ago when he was a young trooper as an example of unequal treatment.
The patrol and Young have never explained the circumstances behind Scott's firing, calling it a personnel matter. But Scott said his firing stems from his being at the home of a Pittsboro attorney, Jennifer Andrews, the morning of Aug. 14 when her estranged husband, Eric, showed up.
She alleges that Eric Andrews then threatened her with a gun and assaulted her, accusing her of having an affair with Scott. Eric Andrews is facing kidnapping and assault charges.
Scott confirmed that he and Jennifer Andrews began a "deeply loving relationship" in June that became sexual by month's end. He said he was separating from his wife and that Andrews was helping him with the legal work.
Scott confirmed that he was on duty the morning of Aug. 14, when he visited her home to pick up a proposed separation agreement. While there, Eric Andrews unexpectedly drove up with the couple's children in his car.
Scott said he "prudently left the house through the back door and walked a distance away to avoid being observed by Mr. Andrews." Scott said he did not witness Eric Andrews' alleged attack. Eric Andrews left after seeing Scott's patrol car in the garage.
Scott said he heard the sound of a car leaving and returned to the house, where he saw Jennifer Andrews "in her condition of stress and physical injury." By then she had called 911 and her father, who is a former assistant fire chief in Chapel Hill.
Three days later, the patrol accused Scott of having an off-duty extramarital affair. A subsequent internal investigation also accused him of neglect of duty over the Aug. 14 incident, continuing to have contact with Jennifer Andrews while the internal investigation was being conducted, failing to activate his patrol car video camera from June 30 to Aug. 15, and using the patrol's communications network to obtain a criminal and driving record history at Jennifer Andrews' request. That unnamed person was identified as a homeowner within the Chapel Ridge neighborhood who had crashed his vehicle.
Scott was originally demoted and reassigned to the Charlotte office by Glover. Scott, a 16-year-veteran, said he accepted the demotion, but appealed the transfer to be closer to his children.
Before Young heard Scott's appeal, Scott had again ran afoul of the patrol. Scott was with Jennifer Andrews on Dec. 23, when she delivered the Andrews' two children to a therapist's office for a session between them and Eric Andrews. A Chapel Hill police officer was on hand to provide security, and when he saw Scott he told a supervisor, who then contacted the patrol.
That prompted another complaint, that Scott "used poor judgment and put himself, Mrs. Andrews, and the two minor children in a potentially volatile situation."
On Feb. 5, Scott sought to resign under duress, contending that his supervisors' conduct was unlawful, corrupt and unethical. Young did not accept the resignation and fired Scott four days later.
Scott said his punishment was "grossly out of proportion to discipline entered in similar or more egregious cases."
Among them, he said, was Glover's transfer from a Harnett County office to New Bern in 1987 for having an affair with a Harnett County dispatcher. Scott noted that Glover "was still promoted to the highest rank in the patrol" and that Gov. Beverly Perdue defended the promotion by saying a trooper's sexual preference, sexual orientation and past marital history has nothing to do with the "job they could do for the people of North Carolina."
Patrol officials said they could not comment because of pending litigation.
