Two former deputies may lose certification after one had sex with intoxicated woman after traffic stop, SCSO records show
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SHELBY COUNTY, Tenn. – Two former Shelby County Sheriff’s Office (SCSO) deputies may soon lose their ability to work in Tennessee law enforcement.
According to their termination records from SCSO, the two found a woman “obviously intoxicated” behind the wheel of her car. Instead of arresting her or conducting an investigation, the two brought her to a hotel where one of them had sex with her, SCSO said.
The incident happened on June 9, 2024. SCSO Deputy Sheldon Smith responded to a call about a woman slumped over in her damaged car at Airline Road near Memphis-Arlington Road. According to Smith’s termination letter, dated June 21, the woman told the deputies that she had recently been assaulted by her husband. The SCSO records state that Smith did not check the woman’s route to see if she had caused any damage, conduct a field sobriety test on her, or go to her home to investigate her assault claims. Instead, according to SCSO, Smith, after removing his body-worn camera, took the woman to a hotel with off-duty SCSO Deputy Michael Yzaguirre. The records claim that Smith left the woman at her hotel room, unaware if Yzaguirre had also left.
SCSO said that Yzaguirre had sex with the woman “who—by his own admission—was unable to fully consent to the encounter due to the level of her intoxication.” SCSO terminated Yzaguirre on August 9, 2024, following an investigation into the deputy’s actions.
The sheriff’s office said that, at first, both deputies lied about the woman’s level of intoxication. SCSO claims that Yzaguirre told Smith to file a false report. The pair later admitted that the woman was under the influence, and SCSO said Yzaguirre confessed “what happened” after being questioned further by investigators.
Yzaguirre’s termination records also state that he accessed W.A.S.P. several times throughout the investigation into his actions. W.A.S.P. is a tool that allows SCSO deputies to access criminal history information, Tennessee driver’s license data, photos, and outstanding warrant information.
Both Yzaguirre and Smith will go before the Peace, Officer, Standards and Training (POST) Committee Thursday for an informal hearing. The POST Committee will vote on whether or not the former deputies should face losing their law enforcement certification. If they vote yes, the committee will meet again formally to decide if the former deputies should be decertified.
FOX13 Investigates discovered that Yzaguirre was named “Deputy of the Month” in May 2022. FOX13 also discovered that his father, a 27-year veteran of the sheriff’s office, is running for sheriff.
The reported incident left FOX13 wondering why Yzaguirre was not charged with rape. Tennessee law states that having sex with someone who cannot consent is considered rape, a Class B felony. The Shelby County Sheriff’s Office told FOX13 that the woman declined to prosecute.
The District Attorney’s Office released this statement:
“We have been briefed by the Shelby County Sheriff’s Office regarding the allegations involving former SCSO Deputy Michael Yzaguirre. Based on the nature of those allegations, his employer took disciplinary action, and our office has added him to the Giglio list. We are currently reviewing the case to determine whether criminal charges will be pursued. As this remains an open investigation, we cannot provide further comment at this time.”
After FOX13 reported this story, SCSO released the following statement:
“Two Shelby County Sheriff’s Deputies Terminated for Misconduct When the misconduct involving two deputies was brought to light, the Sheriff’s Office took immediate and decisive action. An administrative review was initiated, as well as a thorough criminal investigation. Both deputies were placed on administrative leave during this process. Upon conclusion of the investigations, both deputies were terminated from their positions, and the District Attorney’s Office was contacted and briefed about the case.
Subsequently, the victim expressed a desire not to pursue the case further. Sheriff Bonner said, “These deputies have failed to uphold the trust placed in them by the community and this office.”
The Shelby County Sheriff’s Office remains committed to upholding the highest standards of integrity, professionalism, and accountability. We will continue to prioritize the safety and trust of the community, ensuring that all personnel adhere to the highest ethical standards.”
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