SAN FRANCISCO (CBS SF) – San Francisco Sheriff Ross Mirkarimi pleaded not guilty Thursday to three charges stemming from an alleged domestic violence incident involving his wife, Eliana Lopez, on New Year’s Eve.

Mirkarimi, 50, appeared in court Thursday afternoon on charges of domestic violence battery, child endangerment and dissuading a witness.

Prosecutors said the child endangerment charge was filed because the couple’s 2-year-old son Theo was present during the Dec. 31 incident.

Lopez has denied any abuse occurred and is not cooperating with prosecutors.

As of 3 p.m., Judge Susan Breall had not decided whether to issue a stay-away order that would extend a temporary order blocking Mirkarimi from returning to his Webster Street home.

“My inclination is to issue the order,” Breall said.

Mirkarimi’s wife, Eliana, spoke to the judge and argued that she wanted the protective stay away order against her husband to be removed and that she wants to see her husband again.

Mirkarimi’s attorney, Bob Waggener, and Lopez’s attorney, Cheryl Wallace, were meeting to discuss the issue.

KCBS’ Chris Filippi Reports:

Lopez went on, saying that the picture painted of her as somehow being a “little, poor immigrant” is insulting.

That reaction was in response to what Judge Breall expressed earlier in the afternoon about her concern for Lopez, who has limited proficiency in English. Lopez has been in the U.S. for two years now.

Mirkarimi was sworn in as sheriff on Jan. 8 after serving for seven years on the San Francisco Board of Supervisors. He has said he does not plan to resign.

According to an arrest warrant affidavit, a neighbor called police to report the alleged abuse after Lopez told her about it the next day.

The neighbor took a video of Lopez crying and pointing to a bruise on her right bicep allegedly caused during an argument with Mirkarimi, according to the affidavit.

In the video, Lopez alluded to past incidents between the couple and said she wanted to use the video “just in case he wants to take Theo away from me” because Mirkarimi allegedly told her he “is very powerful and can do it,” according to the affidavit.

Mirkarimi, who was booked on the charges last Friday and is out of custody on $35,000 bail, could face a year in prison and three years’ probation if convicted of all charges.

(Copyright 2012 by CBS San Francisco and Bay City News Service. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.)

Comments (7)
  1. Trudy Sanders says:

    Oh God, dude – disappear and never come back. How about Venezuela ? What a supreme jerk.

  2. tn says:

    What’s a cougar like her doing with him? House, alimony and child payments are next…

  3. Watcher says:

    This comment could hurt to read:
    To the two people involved, who one may really want to become the S.F. Sheriff; Get a divorce! Quickly. By Monday or Tuesday next week.
    I feel there won’t be “favors” granted for this contemporary, familial issue.
    This could make a difference concerning a law enforcement head official keeping his jiob. (The relationship could still be intact. “The milk has been spilled”;
    a remedy that shows change, growth, remorse, and superficially a new focus, could go a long way.)
    There is a need for Mr. Mirikirimi’s changes to the jail system which could change recidivist statistics, and carry on to upgrading values of at risk youth & adults. If this situation continues to seem like Mr. M. is sinking, he & his wife may seriously want to consider a divorce; if he considers the mission is bigger than himself…

  4. Outsider says:

    In the law enforcement community there is suppose to be zero tolerance towards domestic violence. My question is, if that is the case will there be any action taken against him? It appears that the evidence shows and that his wife’s actions currently is to protect him and his job because it can be taken away from him…..or am I just wrong?

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