His wife, a former Venezuela soap opera star, isn’t pushing for a prosecution—but San Francisco’s new district attorney, just sworn in with Mirkarimi, is.
Mirkarimi was charged last Friday with battering his wife. If convicted on the misdemeanor charges, he faces the distinction of becoming the only sheriff in California prohibited from carrying a gun. 
He also would be required to attend domestic violence classes, pay a $400 fine and could be put on probation for up to three years or sent to jail for up to a year
The district attorney’s office charged him with domestic battery, child endangerment and dissuading a witness, his wife — charges he disputes.
“No one is above the law,” District Attorney George Gascon told reporters after announcing the charges. “Whether this was the elected sheriff or any other San Francisco resident, this type of behavior is inexcusable, criminal, and will be prosecuted.”
The investigation centers on a New Year’s Eve incident in which Mirkarimi, 50, allegedly grabbed his wife, former Venezuelan telenovela (Spanish language soap opera) star Eliana Lopez, bruising her upper right arm at their San Francisco home.
After the alleged domestic violence incident, Mirkarimi’s wife turned to a neighbor, who later contacted police. Authorities confiscated video the neighbor had taken of Lopez’s arm and text messages between the two women.
Lopez later said in a written statement that the episode was “completely taken out of context.” Mirkarimi, moments after he was sworn in and six days before he was charged, called the incident “a private matter, a family matter.”
But on Friday after being charged, the somber sheriff appeared outside his City Hall office, telling gathered reporters that he would fight the charges and would not resign. “The charges are very unfounded,” he said calmly.
Lopez, standing by his side, appeared dazed by the turn of events. “I don’t have any complaint against my husband,” she said. “This is unbelievable.”
Mirkarimi, a member of the Board of Supervisors since 2004, won election in November to replace 30-year Sheriff Michael Hennessey. Mirkarimi was not backed by the deputies’ union, but his name recognition and liberal politics helped him win the seat.
The Chicago-born son of an Iranian father and Russian mother, Mirkarimi has called San Francisco home for 27 years. He has master’s degrees from Golden Gate University in economics and the University of San Francisco in environmental science.
He graduated from San Francisco’s Police Academy and served nine years as an armed investigator in the district attorney’s office, which is now prosecuting him.
As a county supervisor, he represented the district that includes the Haight-Ashbury district. He sponsored the nation’s first local government ban on plastic bags in grocery stores.
An advocate of legalizing medicinal marijuana, he was co-founder of the California Green Party and was the state coordinator for Ralph Nader’s presidential bid in 2000. He became a Democrat a couple of years ago.
After his swearing in January 8, Mirkarimi said he would focus on the rehabilitation of inmates. “I do believe in the power of redemption,” he said.
The new mayor, Ed Lee, has the authority to charge Mirkarimi with official misconduct and suspend him from office, according to John St. Croix, executive director of the city’s Ethics Commission.
After a hearing, the commission would make a recommendation to the Board of Supervisors about whether to reinstate him or permanently remove him from office.
“As elected officials, our primary responsibility and focus must always be to fulfill our duties to the people of San Francisco,” Mayor Lee said Friday, adding that he would look at the facts and his options under the City Charter.
Robert Weisberg, a law professor at Stanford University, said, “It may be hard for (Mirkarimi) to stay in office if this case goes to trial. You’ve got to assume that the police and the DA’s office are being incredibly careful about this and really vetted this before going through. This just has great significance and sensitivity. These are not frivolous charges.”
