San Francisco sheriff in domestic abuse case to face ethics charge

San Francisco Sheriff Ross Mirkarimi appears at the Superior Court for the start of his trial on domestic abuse charges in San Francisco, California in February.

SAN FRANCISCO -- San Francisco Mayor Ed Lee announced Tuesday he would pursue an ethics probe of Sheriff Ross Mirkarimi that could remove him from office, turning a high-profile domestic abuse case into a political showdown. Mirkarimi — a long time progressive politician in the city — said he had no plans to resign despite pressure to do so, coming even from some of his ideological allies.

On Monday, Mirkarimi accepted a plea deal in a case involving a New Year's Eve dispute with his wife, Eliana Lopez, that left her arm bruised. Under the deal, he pleaded guilty to a misdemeanor "false imprisonment" charge, which allowed him to continue carrying a gun. Mirkarimi had signaled that he would remain in his post, to which he was elected in November.

Mirkarimi, 50, was sentenced to three years' probation, 52 weeks of domestic violence intervention classes, 100 hours of community service and a small fine for one misdemeanor charge of false imprisonment.


In a private meeting between Lee and Mirkarimi after the sentencing on Monday, the mayor told the sheriff to step down within 24 hours or face an official misconduct charge and possibly forced removal from office, the sheriff's attorney, Lidia Stiglich, told The Associated Press.

"I'm not aware of any plans for the sheriff to resign," Stiglich said earlier Tuesday, apparently triggering the mayor's announcement. "I'm disappointed it's proceeding in this fashion. I think it should be left to the voters."

Mirkarimi said his actions on New Year's Eve that left his wife's arm bruised did not constitute official misconduct, according to The Associated Press.

Using administrative procedures to oust Mirkarimi is not a slam dunk, said Joe Eskenazi, political reporter for SF Weekly.

Under the City Charter, he noted, official misconduct is defined as "any wrongful behavior by a public officer in relation to the duties of his or her office..."

Sheriff keeps his gun, but will he keep his job?

Domestic abuse billboard aimed at sheriff's comments

Even though Mirkarimi has admitted guilt to wrongdoing, it's hard to see it as job-related, in his view, Eskenazi said.

"But the legal and political lines are going to be blurred because he is politically radioactive right now and nobody will want to step up and support him," said Eskenazi.

If city attorneys nonetheless find a way to charge him with official misconduct, a vote by the Board of Supervisors would make the final determination. Nine of the 11 supervisors would have to vote in favor of his ouster for it to go through.

Though Mirkarimi had a reputation for being an effective member of the Board of Supervisors, where he served for seven years prior to his 2011 election as sheriff, the domestic abuse case has put the board under enormous pressure to turn against him, especially in an election year, said Eskenazi.

"Even people who like him would prefer to see him out and out soon," he said. "Even people who are his ideological allies. There’s not a lot of support out there among the people you would want to have."

If he manages to survive an ethics challenge, Mirkarimi could also face a recall by San Francisco voters this summer.

As the city turns against the once promising political figure, Mirkarimi's wife is advocating for him.

"Eliana Lopez is not afraid of Ross, Eliana Lopez supports Ross," said Paula Canny, attorney for Lopez, speaking to the San Francisco Chronicle. "She absolutely wants Ross to remain in office."

The Associated Press and msnbc.com's Kari Huus contributed to this report.

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Discuss this post

Hmmmm .... they let him keep his gun, but he must lose his job. I would have thought it would be the other way around in San Francisco.

  • 1 vote
Reply#1 - Tue Mar 20, 2012 5:03 PM EDT

Well...He must not lose his job. At 50? who is going to hire him. Fight it to the end buddy. Then sue them because you know that they can't win... then force them to pay about 1 million buck to tie you over.

    #1.2 - Tue Mar 20, 2012 11:38 PM EDT

    No in Colorado he could have been a strident gun control advocate. After retiring he would get busted for trading drugs for gay sex and be locked up in the jail that bears his name.

      #1.3 - Thu Mar 22, 2012 4:41 PM EDT
      Reply

      Why should he step down for a violence charge? Being unnecessarily violent and facing no real repercussions is commonplace among cops. This is par for the course.

      • 14 votes
      Reply#2 - Tue Mar 20, 2012 5:36 PM EDT

      Exactly, if he were corrupt and a thief he could just relocate to the state senate in sacramento.

      • 5 votes
      #2.1 - Tue Mar 20, 2012 7:19 PM EDT

      I am happy to see that again the powers that be allow a charge to be reduced for a certain group yet there isn't a snowballs chance in hell that any of us common folk could ever dream of getting a charge reduced like this, especially when it is designed specifically to ALLOW him to continue to carry a gun!!

      • 1 vote
      #2.2 - Wed Mar 21, 2012 5:00 AM EDT

      The lines are indeed blurred, here. As a cop, how will he treat other domestic violence victims, and domestic violence calls?Will he be more apt to dismiss them as trivial? After all, if he gets off with a slap on the wrist, then others will be encouraged to dismiss such allegations and charges of domestic violence. And who knows, maybe this was not the first time he's used violence to keep his wife in check.

      A person who holds a public position of trust, who violates that position should have some very serious consequences.

        #2.3 - Wed Mar 21, 2012 10:18 AM EDT
        Reply

        He is not going to give up that BIG pension

        • 5 votes
        Reply#3 - Tue Mar 20, 2012 5:51 PM EDT

        New charges?

        Why did they not file all the charges at the same time?

        San Francisco Sheriff Ross Mirkarimi was sentenced Monday to serve one day in jail after pleading guilty to one count of "false imprisonment" for a New Year’s Eve spat with his wife, Eliana Lopez, during which he bruised her arms.

        Mirkarimi also received three months' probation and was ordered to take part in anger management counseling. A temporary stay-away order preventing him from contact with his wife and toddler son remains in place.

        A plea deal that averted a domestic violence conviction was a deft maneuver that allowed the Mirkarimi to retain his gun, and thus be able to carry out his duties as sheriff. But if he is to continue in the post, he will first have to survive a political challenge.

        Sounds like they are justmad that he did not quit.

        • 4 votes
        Reply#4 - Tue Mar 20, 2012 5:54 PM EDT

        Fire him and prosecute, he is no better than a dirt bag.

        • 5 votes
        Reply#5 - Tue Mar 20, 2012 6:01 PM EDT

        sure. Fire him. Then he can get them for a union grieveance and get back pay. Make them write the check, because at 50 and a record-- he can't get a job. thats worth a battle. Let the mayor bail him out.

          #5.1 - Tue Mar 20, 2012 11:40 PM EDT
          Reply

          A city mayor has NO authority over a county sheriff. Mayor Lee should be arrested immediately, and charged with attempting to intimidate a police officer; which, I believe is a FELONY on California!

          • 5 votes
          Reply#6 - Tue Mar 20, 2012 6:46 PM EDT

          MickProPer: Perhaps you should have all the facts about how San Francisco's Government is set up before you make such a statement. Then you would have had the knowledge that the Mayor of San Francisco IS the top authority in San Francisco City/County. That he has sole and absolute authority do do want he is doing. Please read on.

          As the only consolidated city-county in California, the government of the City and County of San Francisco is defined by the Charter of the City and County of San Francisco, which is similar to the other counties of California and defines several officers and entities.

          San Francisco utilizes the "Strong Mayor" form of Mayoral/Council government. The executive body is composed of the Mayor of San Francisco as the city & county chief executive, along with "departments, appointive boards, commissions and other units of government."[1]The legislative body is composed of the 11-member Board of Supervisors which acts as both a board of supervisors and a city council, with "[a]ll rights and powers of a City and County which are not vested in another officer or entity" by the charter.[2]

          • 1 vote
          #6.1 - Tue Mar 20, 2012 11:29 PM EDT
          Reply

          Only in San Fransisco!

          • 1 vote
          Reply#7 - Tue Mar 20, 2012 6:55 PM EDT

          the man screwed up we should crucify his sorry ass,let's go San Francisco.

            Reply#8 - Tue Mar 20, 2012 6:58 PM EDT
            Comment author avatarmas098Expand Comment Comment collapsed by the community

            JohnnyR. I know you,you colon cowboy!You are just as hateful as when I knew you,you bit*h!

              #8.1 - Tue Mar 20, 2012 10:24 PM EDT

              JohnnyR. I know you,you colon cowboy!You are just as hateful as when I knew you,you bit*h!

              mas098, you are suspended for a day for violating rule # 1 of the Code of Honor.

              Above all else, respect others. Address issues and arguments and refrain from making personal attacks.

              • 2 votes
              #8.2 - Fri Mar 23, 2012 4:25 PM EDT
              Reply

              Without argueing for or against the sheriff or his actions. The current penal code states his conviction was a misdemeoner which does not disqualify him from his elected position or from losing a POST certification.

              As the elected Sheriff of a county he is the highest level of law enforcement, over the city police chief and mayor. He does not need to be armed to hold his position as a patrol deputy would. There is no legal reason which would force him to surrender his position, only losing the next election or a recall election would oust him from office.

              Aside from the legalities I would expect most people in this position would just resign and move on.

              • 3 votes
              Reply#9 - Tue Mar 20, 2012 7:17 PM EDT

              Listen -

              My abusive ex was aided and abetted by a state attorney general (Roy Cooper), a governor who was his supervisor at the time, the sheriffs of two counties to flee the state with my youngest son who he had beaten.

              I had reported him to Child Protective Services who were shocked by the bruise on my son's back inflicted by his father - and when the investigators went to his home and discovered that he worked for Governor Mike Easley of NC, they turned about face and walked out - leaving me and my son without legal defense.

              My son was pulled out of school one day at his high school and all records taken from the state by my ex.

              To this day, my son believes that he deserved the beating because of the substantial support provided to his father by the entire State of NC that wholly failed him.

              I have researched and written on domestic violence/abuse and this is the reason I went into law.

              My research shows that this is the most costly problem we face in the United States and here we have yet another example of why things do not go well when abusive men refuse to admit to their crimes but society continues to enable them and they take that abuse to their jobs and to the world.

              • 7 votes
              Reply#10 - Tue Mar 20, 2012 7:44 PM EDT

              Take your meds and get some rest!You might want to check the tinfoil lining in your hat,it might be worn!

                #10.1 - Tue Mar 20, 2012 10:22 PM EDT

                Mackie-471671, I can relate to the favorites played by legal system co-workers. My EX-wife worked for the Sheriffs Office as a clerk/jailer. I caught her having an affair with one of the city political big wigs and I was run out of town on rails by the entire law enforcement (Police & Sheriffs) department. Needles to say she had the county DA as her divorce attorney (free of charge) so you can guess how that went over during the divorce. I got the proverbial shaft, she got everything. But, I did get the last laugh, she married the guy she was having the affair with lived the high life and had a child with him. Then in less than 2 years of marital bliss, he found another sweet thing and divorced my ex using all the same friends against her that she used against me! She then had the nerve to call me during her divorce wanting me back and to help her with money and to help raise her new born! As much as it hurt at the time to be run out of town on rails, I did get the last laugh when she rode the same rails out of the same town by the same people that she thought were her friends! Her family found out the truth about me and she was really looked down on by her family for her actions. She had them convinced that I was a sorry SOB at first and they believed her so I lost track of them. Until her mother called me up and told me how sorry the entire family was that she had pulled the wool over their eyes. So the abuse isn't only physical, it can be and is mental also. Once the friends consist of everyone in the legal system in town or state there isn't much you can fight, if your smart. If your not you can end up behind bars for the rest of your life for trumped up charges that you never stand a chance of beating. Read that as legal Mafia. I am now happily married to another and enjoying life to the fullest. My Ex is living day to day working two jobs to make ends meet and her parents are raising the 10 year old little boy she had. I am now on the EX-Parents Christmas mailing list. I have often wondered if their daughter is?

                • 1 vote
                #10.2 - Tue Mar 20, 2012 11:58 PM EDT

                Terrible story Mackie, good you moved on.

                DaGoose great story yours is. I like the mental abuse aspect you mention. how many men are mentally abused by their wives, get pissed off, beat them up and end up in jail of course?. do guns kill or stupid people pulling the trigger kill people? Anybody has stats on physical abuse of women towards children? ( or is that "raising" a child)

                  #10.3 - Wed Mar 21, 2012 1:18 AM EDT
                  Reply

                  I have one question, is he still married?

                    Reply#11 - Tue Mar 20, 2012 7:57 PM EDT

                    apparently so, and she supports him in his fight to keep his job. at least, that's what the article said.

                      #11.1 - Tue Mar 20, 2012 9:58 PM EDT

                      Ken,

                      Sure she supports him. He TOLD her to support him, or else!

                      • 1 vote
                      #11.2 - Wed Mar 21, 2012 4:38 AM EDT
                      Reply

                      Let's fire all the cops for "misconduct""

                      • 2 votes
                      Reply#12 - Tue Mar 20, 2012 8:17 PM EDT

                      Don't forget"mishandling".I've been mishandled ,a lot, by police in SF!They are just bruts!Ohhhhhh!

                        #12.1 - Tue Mar 20, 2012 10:25 PM EDT
                        Reply

                        The Mayor wants him gone because he is married to a woman...not cool in SF...

                        • 3 votes
                        Reply#13 - Tue Mar 20, 2012 8:47 PM EDT

                        now, greg, don't be a homophobe. queers get offended by such things.

                        • 3 votes
                        #13.1 - Tue Mar 20, 2012 9:57 PM EDT

                        Mayor is probably a pole climber,colon cowboy! "come on mayor,lets see your stuff,bend over!

                        • 1 vote
                        #13.2 - Tue Mar 20, 2012 10:27 PM EDT
                        Reply

                        I guess I'd like to know if she had bruises on her arm because he grabbed her to keep her from doing something stupid when she was drunk that could have harmed her and she blew it out of proportion in her drunken state. Once she calls it in on him, they have to persue it, even if she recants. A little more detail before we damn him, especially since she is now supporting him and his job.
                        If, on the other hand, he was abusive, then throw the book at him and be done with it.

                        • 3 votes
                        Reply#14 - Tue Mar 20, 2012 9:57 PM EDT
                        Comment author avatarmas098Expand Comment Comment collapsed by the community

                        Why should he resign,because he's straight! Hell ,all the gays in SF are"packing' when they are out!Give me a break! Must have some sore butt candidate waiting in the bushes!"Vote for Robbie,he's our bit*h!"I wonder how many domestic violence crimes, committed by gays, that get overlooked by police everyday!Whinning bunch of babies!"I want my lollipop.I want my lolllipop"!

                        • 2 votes
                        Reply#15 - Tue Mar 20, 2012 10:20 PM EDT

                        Good night,boys and girls!See you at the spa, especially you boys!a!kissy,kissy!Girls ,keep your hands in your own lap,you dirty little hose!

                        • 1 vote
                        Reply#16 - Tue Mar 20, 2012 10:29 PM EDT

                        @ mas098,

                        Come on now, enough of that. Your starting to sound like some of those Catholic priests we keep hearing about.

                        Come here little boy and do a favor for one of Gods' chosen. ( gag gag barf )

                          #16.1 - Wed Mar 21, 2012 2:39 AM EDT
                          Reply
                          ellahebeDeleted

                          How is him staying in office even an option?

                          This is going to make it so much easier for domestic abuse victims to come forward...

                            Reply#18 - Tue Mar 20, 2012 11:07 PM EDT

                            @ Rene278

                            Unfortunately, what he was convicted of was a misdemeanor, not a felony. Sad, but true. Hell, an excessive speed citation or failure to wear seat belt is a misdemeanor. I don't see how physically abusing your wife can even be in the same league, but its' San Fransisco, so what do you expect.

                              #18.1 - Wed Mar 21, 2012 2:52 AM EDT

                              I think if a law enforcement officer is convicted of ANY crime they should be terminated. It's plain hypocritical for an officer to cite people for the same crime he/she comitted.

                                #18.2 - Tue Mar 27, 2012 1:03 AM EDT
                                Reply

                                I think he now is better able to be a good sheriff with hands-on experience. he's getting lots of classes and community service as it is.

                                  Reply#19 - Wed Mar 21, 2012 1:00 AM EDT

                                  Iv'e seen this before. Those who honestly believe they have the right, no...the obligation, to smack the little woman around when she needs it, will defend their actions to the death. Domestic violence classes will amount to no more than nod and agree, then go home and do as you please.

                                    Reply#20 - Wed Mar 21, 2012 4:09 AM EDT

                                    Your totally wrong in this case, you obviously have not read any of the articles regarding this matter nor the one your posting on, this entire case was brought because he is a liberal and the person trying to crucify him (of course) is a Nazi conservative who doesn't like liberals.

                                    The two of them have a long standing argument going regarding the rights of the people to be free from racism and conservative religious persecution, the "domestic violence" was a husband and wife on New Years eve having a tiny argument and leaving, but it's being used to try and get the liberal out of office so that the conservative can go back to taking American's rights away.

                                      #20.1 - Wed Mar 21, 2012 4:44 AM EDT
                                      Reply

                                      This was handled in the courts, that where it should stay. If he was convicted of a felony or otherwise lost his gun, that would be a different story.

                                      Everybody has a bad day - let it be a learning experience and get his family into counseling.

                                      What does any of this have to do with being Sheriff?

                                      Nothing. This guy is going through a witch hunt. The mayor is obviously his political enemy and attempting to destroy him.

                                      If the mayor really cared about this guys wife, he wouldn't be trying to take away her husbands job.

                                      • 1 vote
                                      Reply#21 - Wed Mar 21, 2012 6:08 AM EDT

                                      How is it that he was permanantly hired for this position while the abuse to his wife was going on. Did they forget to do a backround check. If they did that, this previous domestic abuse would have surfaced and he would have never been put in the position ? Somebody dropped the ball along the way, don't you think ? The mayor os S.F. totally did the right thing putting him out. What does it look like when the big sherriff smacks his wife around ? He should go. And his dumb wife puts up with this B.S. ?

                                        Reply#22 - Wed Mar 21, 2012 10:49 AM EDT

                                        My knowledge of this guy is that he is a hypocrite, but I also have heard that most domestic violence cases among the well-to-do are trumped up, and that only a governor can remove a sheriff.

                                          Reply#23 - Wed Mar 21, 2012 7:38 PM EDT

                                          Listen up people,

                                          The way I see it, there are a few simple solutions to the problem of domestic abuse in general.

                                          1. ( my favorite ) Respect your partner whether male or female. Treat them as you would want to be treated in a loving relationship. If you are married, then uphold the vows you so solemnly swore to love, honor and cherish.

                                          2. If you are a big guy, get a small woman. That way you will be to afraid of the harm you could cause her if you did try to abuse her. Your a big guy, what do you have to prove by pushing around a person half your size? If you want to fight, go join your local MMA or boxing club.

                                          3. If you are a small guy, get a big girl. That way you are too afraid that she might kick the crap out of you if you do try to hit her. Besides, big girls can be a lot of fun! ;)

                                          4. If you are in an abusive relationship, GET THE @!$%# OUT OF THE RELATIONSHIP! Press charges and then find someone whom will actually care for you. No matter what you think, you can do better than the garbage your with right now.

                                          The biggest problem I see on domestic calls is that the abused plaintiff refuses to press or follow through with charges. They come up with something stupid like, " I know he loves me, he can/will change ". Bull@!$%#!! If they cared for you, they wouldn't abuse you. And for changing their ways, GET REAL! The rate of recidivism for domestic abuse is only surpassed by pedophiles and rapists.

                                          Luckily, here in Texas we have requirements that if LEOs observe obvious signs of an altercation, arrest is mandatory. And it's not a misdemeanor, it's felony assault. And I WILL follow through with the charges.

                                            Reply#24 - Wed Mar 21, 2012 10:55 PM EDT

                                            i did 12 hours in jail on a TRESPASS and he gets away with a slap on the FINGERS!!! GO FIGURE

                                              Reply#25 - Wed Oct 10, 2012 6:42 PM EDT
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