SAN FRANCISCO?? Prosecutors on Friday charged San Francisco's newly sworn-in sheriff with three misdemeanors, including domestic violence, related to a New Year's Eve incident with his wife, a former Venezuelan telenovela star.
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Sheriff Ross Mirkarimi faces one count each of domestic violence battery, child endangerment and dissuading a witness, San Francisco District Attorney George Gascon said.
A neighbor reported that Mirkarimi grabbed and bruised Eliana Lopez's arm during a heated argument at their home, according to a police affidavit.
The injury reportedly was shown on a video recorded by the neighbor, and a text message conversation between Lopez and the neighbor included details of the incident, according to the affidavit requesting a search warrant to obtain the video camera and phone.
Mirkarimi, 50, vowed to remain in office while he fights the charges. He spoke to a gaggle of reporters camped outside his office Friday afternoon and denied the allegations.
Lopez defended her husband in a written statement, saying the episode was "completely taken out of context."
The couple was married after having their first child in 2009.
Mirkarimi's lawyer, Robert Waggener, and spokesman Jim Stearns did not immediately respond to calls for comment Friday about the impending charges.
Days after the alleged dispute, Mirkarimi was sworn in as San Francisco sheriff, appearing at the ceremony with his wife and son. Asked about the incident, he called it "a private matter, a family matter."
San Francisco's sheriff does not have broad law enforcement powers as sheriffs do in other jurisdictions. The position mostly entails running the city and county's jail system and providing law enforcement at public buildings such as courthouses and City Hall.
Mirkarimi was elected in November after serving seven years as one of the city's more liberal supervisors. He's been an advocate for legalization of medical marijuana, was a co-founder of the California Green Party before becoming a Democrat in 2010, and led America's first successful attempt to ban plastic bags from supermarket chains.
If convicted of the misdemeanor charges, Mirkarimi would have to give up his department-issued firearm and possibly be subjected to searches as conditions of probation.
That would make him the only elected sheriff in the state forbidden from carrying a gun, said Merced County Sheriff Mark Tazi, president of the California State Sheriff's Association.
Under state law, Mirkarimi could only be automatically removed from office if convicted of a felony.
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 possible hearings, the commission could make a recommendation to the Board of Supervisors about whether to reinstate him or permanently remove him from office.
Lee declined any comment until charges are formally filed.
On Thursday, a coalition of anti-domestic violence groups urged Mirkarimi to take a leave from his post until the case is resolved.
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Associated Press writer Beth Duff-Brown contributed to this report.
Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Source: http://www.msnbc.msn.com/id/45993585/ns/us_news/
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