Mirkarimi arrest affidavit details abuse claims

Here is the San Francisco Police affidavit connected to the warrant for San Francisco Sheriff Ross Mirkarimi’s arrest last Friday for alleged domestic violence against his wife, Venezuelan former telenovela star Eliana Lopez.

Mirkarimi is charged with three misdemeanor counts: domestic violence; abusing or endangering the health of a child; and dissuading a witness from reporting a crime. If convicted of all of them, he could face up to a year in jail and three years of probation plus mandatory weekly counseling and loss of his right to carry a gun; although it would take a felony conviction to automatically boot him from office, these convictions almost surely would end his career.

He’s scheduled to be arraigned tomorrow afternoon in San Francisco Superior Court.

The affidavit’s revelations start on page 6, with Inspector Richard Daniele describing the video that Mirkarimi’s neighbor shot of Lopez’ bruised arm:

We reviewed the video and it showed the victim crying and pointing to her right arm pointing out a bruise on the area of her right bicep. The victim stated “This happened yesterday. Two times in 2011 and this is the second time this is happening. I told Ross I want to work on the marriage, we need help, I been telling him we need help and I’m going to use this just in case he wants to take Theo away from me because he did said that he is very powerful and can do it.”

I contacted the victim on January 5, 2012 by telephone. The victim told me she was very well and doing fine but declined an interview and asked me to speak to her attorney, Cheryl Wallace. I contacted Ms. Wallace by telephone, I left a message for Ms. Wallace. Ms. Wallace phoned me back and told me she wasn’t going to let the victim talk to me.

The affidavit also says Robert Waggener, Mirkarimi’s attorney, refused to let police interview Mirkarimi. Police instead went back to the neighbor who had reported the incident.

During this interview it was stated by the reportee that the victim told her on Decemeber 31, 2011, she, her son and Ross Mirkarimi were traveling to a restaurant for lunch. While driving to the restaurant the victim asked Ross Mirkarimi if it would be okay after the Inauguration if she went to visit her family in Venezuela. The victim stated Ross Mirkarimi started to scream “f— you, f— you, you are trying to take Theo away from me.” The victim stated Ross Mirkarimi turned the car around and said he wasn’t taking them to eat. The victim stated Ross Mirkarimi stated something to the effect that she didn’t deserve to east. The reportee asked the victim if this was done in front of Theo. The victim stated Theo was sitting in the backseat while Ross Mirkarimi [sic] telling her that she was trying to take Theo away from him and said “f— you.”

The reportee stated the victim told her that she, Theo and Ross Mirkarimi arrived home and went inside. The fight continued and became louder and Ross Mirkarimi continued to be verbally abusive and physically abusive. The victim told reportee that the incident involved “pushing, pulling and grabbing” by Ross Mirkarimi. The victim told reportee that their son was present during this altercation and victim was telling Ross Mirkarimi, “look what this is doing to our son, look what you are doing to our son, please stop.”

Another neighbor told police Lopez had told her Mirkarimi had been physically abusive to her last March; can sometimes hear “mumbling” and “fighting” from the Mirkarimi-Lopez residence, although nothing that made her fear for the wife and son; and recalled hearing Mirkarimi at one point in the past year yell “Get the f— out!”

Josh Richman

Josh Richman covers state and national politics for the Bay Area News Group. A New York City native, he earned a bachelor’s degree in journalism from the University of Missouri and reported for the Express-Times of Easton, Pa. for five years before coming to the Oakland Tribune and ANG Newspapers in 1997. He is a frequent guest on KQED Channel 9’s “This Week in Northern California;” a proud father; an Eagle Scout; a somewhat skilled player of low-stakes poker; a rather good cook; a firm believer in the use of semicolons; and an unabashed political junkie who will never, EVER seek elected office.

  • Truthclubber

    It’s clear to me that Ross Mirkarimi’s behavior is the result of a benign brain tumor (lot of that going around lately).

    The proper and prompt non-invasive treatment (as in, say, before trial) will cause the tumor (and his behavior) to be cured without leaving a mark, and allow him to be excused from further legal travails, as well as execute his duties as SF Sheriff with no impairment of his judgment.

    Nothing more to see, people — move along now.

  • Elwood

    @ #1

    Good one!

  • John W

    Historically, I think SF superviors rely on the Twinkie defense. Ross was clearly on a sugar high.

  • Truthclubber

    If Ross does pull the “benign brain tumor” card out of his deck, do we start referring to it as the “Hayarimi” defense or the “Mirkashi” defense?

    Damn! Where is Wikipedia when I need it so?

  • RR, Senile Columnist

    Foul language is unbecoming an officer of the law. Bad temper aside, is it possible his unhappy spouse bruises easily?

  • Elwood

    Remember Mirkarimi is powerful.

    He told his wife so.

    Any man who has to tell people how powerful he is, ain’t.

  • John W

    Re: #5

    “is it possible his unhappy spouse bruises easily.”

    Certainly. Doesn’t seem to be a case of a beating. It’s even possible that she pounded her fists into his chest while arguing and that he merely grabbed her arms to calm her down. Whether the charges stand up in court remains to be seen. But there is plenty enough to know that SF and the employees of the sheriff’s department. shouldn’t have to put up with this guy as sheriff for the next four years. I haven’t heard anybody say “recall,” but that’s bound to happen if the legal case stalls.

  • John W

    Re: #6

    Right on!

    Somebody was quoted in the paper as saying he is warm bread on his way to becoming toast. Does he have any marketable skills beyond being a former supervisor?