Gascón said he recognized that there are those who wanted him to “go for the jugular” and keep the trial going; others felt that the prosecution of Mirkarimi was a political vendetta. Gascón concluded that since “ideologues on both sides” may be disappointed in the plea agreement, “This gives me comfort and reassurance that I have not politicized the case and that I have done my absolute best to treat it like any another domestic violence allegation.”
Missing from his prepared statement was a recount of the events that occurred on December 31 that led him to this point. When pressed, he stated, “I understand that some of this continues and that I should be guarded.” He also did not respond to the question of whether he had the moral authority to continue running the Sheriff’s Department.
Calling the Sheriff “a national embarrassment,” Cathy Black, the executive director of Case De Las Madres, a shelter dedicated to victims of domestic violence, told a bevy of reporters gathered on the steps of City Hall, “I think it would be best for everybody involved if he would step aside. If Sheriff Mirkarimi will not do the right thing, then the mayor and the Board of Supervisors must.”
Per the definition of official misconduct under the city charter, “Official misconduct means any wrongful behavior by a public officer in relation to the duties of his or her office, willful in its character, including any failure, refusal or neglect of an officer to perform any duty enjoined on him or her by law, or conduct that falls below the standard of decency, good faith and right action impliedly required of all public officers and including any violation of a specific conflict of interest or governmental ethics law. When any City law provides that a violation of the law constitutes or is deemed official misconduct, the conduct is covered by this definition and may subject the person to discipline and/or removal from office.” (emphasis added).
In exchange for Mirkrarimi’s plea agreement, the District Attorney George Gascón has dropped three misdemeanor charges of alleged domestic violence, dissuading a witness and child endangerment.
Mirkarimi faces sentencing next Monday that is expected to include up to three years probation, 100 hours of community service, 52 weeks of domestic violence classes, as well as a fine of $590. A stay away order imposed in January remains in effect subject to a Family court order.
Gascón also stated that he will not seek the death penalty “in any case” when discussing a previously-cold 1983 murder case.
Mirkarmi is facing three criminal misdemeanor charges stemming from an alleged domestic violence incident involving his wife, Eliana Lopez, on New Year’s Eve. He was ordered separated from his wife and the couple’s two-year old son, Theo, when charges of domestic violence, dissuading a witness and child endangerment were first filed, January 13. The “stay away” order remains in effect until there’s a resolution in his criminal trial, or is lifted by Judge Albers. Mirkarimi’s criminal trial is set to begin February 24.
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