San Francisco Sheriff Ross Mirkarimi appears at the Superior Court for the start of his trial on domestic abuse charges in San Francisco, California in February.
By msnbc.com staff and news services
SAN FRANCISCO -- San Francisco Sheriff Ross Mirkarimi, who was sentenced on Monday in a highly publicized domestic abuse case, will not resign, his lawyers said Tuesday, The Associated Press reported.
The announcement came in the face of a reported ultimatum from the city's mayor demanding that the newly elected sheriff step down immediately or face an official misconduct charge and possibly forced removal from office. That report came from The San Francisco Chronicle reported Tuesday, citing multiple sources.
A longtime progressive politician in the city, Mirkarimi agreed to a plea deal in the case involving a New Year's Eve dispute with his wife that left her arm bruised. Under the deal, he pleaded guilty to a misdemeanor "false imprisonment" charge, which allowed him to continue carrying a gun. Mirkarimi had signaled that he would remain in his post, to which he was elected in November.
But the ultimatum reportedly issued by Mayor Ed Lee made it clear that the sheriff is facing a serious political challenge following the abuse case.
Lee has a press conference scheduled for Tuesday afternoon.
Mirkarimi, 50, was sentenced to three years' probation, 52 weeks of domestic violence intervention classes, 100 hours of community service and a small fine for one misdemeanor charge of false imprisonment in a New Year's Eve incident that left his wife, Eliana Lopez, with a bruise on her arm.
After the sentencing, Lee had a short meeting with Mirkarimi on Monday afternoon. After about 15 minutes, Mirkarimi quickly walked out of a side door of the mayor's office without answering questions from reporters. "It'd be premature for me to talk," is all Mirkarimi would say.
Using administrative procedures to oust Mirkarimi is not a slam dunk, said Joe Eskenazi, political reporter for SF Weekly.
Under the City Charter, he noted, official misconduct is defined as "any wrongful behavior by a public officer in relation to the duties of his or her office..."
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Even though Mirkarimi has admitted guilt to wrongdoing, it's hard to see it as job-related, in his view.
If city attorneys nonetheless find a way to charge him with official misconduct, it will be a vote by the Board of Supervisors that would make the final determination. Nine of the 11 supervisors would have to vote in favor of his ouster.
Even some of the sheriff's erstwhile allies hoped that he will now resign to avoid more damage, said Eskenasi. Though he had a reputation for being an effective member of the Board of Supervisors, where he served for seven years prior to his 2011 election as sheriff, the domestic abuse case has made Mirkarimi toxic, he said.
"Even people who like him would prefer to see him out and out soon," he said. "Even people who are his ideological allies. There’s not a lot of support out there among the people you would want to have."
If he manages to remain in office as sheriff, Mirkarimi could also face a recall by San Francisco voters this summer.
As the city turns against the once promising political figure, Mirkarimi's wife is advocating for him.
"Eliana Lopez is not afraid of Ross, Eliana Lopez supports Ross," said Paula Canny, attorney for Lopez, speaking to the Chronicle. "She absolutely wants Ross to remain in office."
The Associated Press and msnbc.com's Kari Huus contributed to this report.
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