If domestic violence charges are filed against San Francisco Sheriff Ross Mirkarimi, it will likely happen Friday, his defense attorney said today.
“The rumor is (Friday),” defense attorney Bob Waggener said.
District Attorney George Gascon said Wednesday that he hoped to make a decision by the end of the week on whether to charge Mirkarimi for an incident involving his wife, Eliana Lopez, on New Year’s Eve.
The case was reported by a neighbor after Lopez allegedly showed her a bruise on her arm, according to a search warrant affidavit. During a police search, investigators seized a video camera and iPhone used to exchange text messages about the injury.
Lopez last week denied the allegations, saying in a statement that she has “absolutely no complaint against my husband.”
Gascon acknowledged that Lopez is not cooperating with investigators, which he said “is often the problem of domestic violence cases” that involve victims’ significant others.
Waggener said that given the circumstances of the case, if charges are indeed brought against his client, he expects them to be misdemeanor charges.
“I just can’t see any possibility of a felony,” he said.
Mirkarimi was sworn in as sheriff on Sunday after serving on the San Francisco Board of Supervisors for seven years.
Prosecutors say that if Mirkarimi is convicted of a domestic violence charge, even a misdemeanor, he would have to give up his department-issued gun and could be subject to searches.
Dan McMenamin, Bay City News