SF Sheriff Pleads Guilty To False Imprisonment... Weird Case?

www.chron.com...

Sheriff Ross Mirkarimi pleaded guilty Monday to a misdemeanor charge of false imprisonment in exchange for the dropping of three more serious charges, including misdemeanor domestic violence and child endangerment.

"He cut a good deal, and he did get a break," said Peter Keane, a Golden Gate University law professor and a politically connected former chief assistant public defender in San Francisco. "But it was well within reason for the prosecutor to also make this deal."

Weird case all-around...

To start, the wife went to a neighbor to show her the bruises from a fight with her husband. She even recorded and turned in a 55-second video discussing the ordeal to police.

Two months later, she's denying anything happened and saying that they are false charges against her husband in a political mudwash. She even refused to testify at trial.

He was fined $590, got three years probation, and a year of mandatory parenting classes.

What do you think ATS...

For starters, the SF/Oakland Sheriff and PDs haven't been the brightest stars in the country in the last couple years...

Think he threatened her into not testifying? Just doesn't seem right when someone goes to a friend/neighbor for help, records a video of the injuries, makes the effort to take the documentation to the police, and then say the police were making up charges...

Maybe it's just been a slow day and I'm looking to make a conspiracy out of anything, heh.

Think he threatened her into not testifying? Just doesn't seem right when someone goes to a friend/neighbor for help, records a video of the injuries, makes the effort to take the documentation to the police, and then say the police were making up charges...

There are a lot of cases where women falsely accuse their spouses of abuse to be vindictive. However, given that she recorded a video of injuries and she involved her neighbors this seems like it is a case where the husband convinced her later to drop the accusations.

Without an inside source we will never know for sure.

reply to post by boncho


But then why the false imprisonment charge?

Wouldn't that mean he held her against her will? Or wouldn't let her leave for help?

Just also seems odd for them to choose this particular charge out of the numerous ones he could have pleaded to that wouldn't look nearly as bad on a LEO's record as false imprisonment.

Is that why it took her two days to get to the police with the tape?

You are correct, we will never know the real story. Just seems like an odd set of circumstances. Star to you, sir.

reply to post by YouAreLiedTo


It seems to lay it out in the article:

Sheriff Ross Mirkarimi pleaded guilty Monday to a misdemeanor charge of false imprisonment in exchange for the dropping of three more serious charges, including misdemeanor domestic violence and child endangerment.

Pleading to lesser charges, ie ones that don't completely kill his chance of continuing his career.

he plea doesn't automatically disqualify Mirkarimi from office, but San Francisco Mayor Ed Lee said Monday he plans to consult with city attorneys and investigate what disciplinary actions he can take.

When you think about it, a superficial look at a misdemeanor "false imprisonment" for a Sheriff would not sound that bad. In a couple years people might just think it had something to do with his duties. And of course, it's better than pleading to a domestic violence charge and being known as a woman beater.

Originally posted by boncho

Pleading to lesser charges, ie ones that don't completely kill his chance of continuing his career.

he plea doesn't automatically disqualify Mirkarimi from office, but San Francisco Mayor Ed Lee said Monday he plans to consult with city attorneys and investigate what disciplinary actions he can take.

When you think about it, a superficial look at a misdemeanor "false imprisonment" for a Sheriff would not sound that bad. In a couple years people might just think it had something to do with his duties. And of course, it's better than pleading to a domestic violence charge and being known as a woman beater.

No offense but that would be the FIRST thing that sticks out to me on a LEO's record.

If my Sheriff were up for re-election and I saw that fresh little charge on his record, he wouldn't get my vote, that's for sure.

Maybe I see it from a different point of view, but with everything going on these days with the NDAA, et al...

I wouldn't let that slide for my Sheriff under ANY circumstances.

Originally posted by YouAreLiedTo
www.chron.com...

Sheriff Ross Mirkarimi pleaded guilty Monday to a misdemeanor charge of false imprisonment

Isn't false imprisonment really kidnapping?

Isn't kidnapping a federal crime not a misdemeanor?

Ah...I guess the difference is when you move the person from one place to another?

An individual whose conduct constitutes the tort of false imprisonment might also be charged with committing the crime of Kidnapping, since the same pattern of conduct may provide grounds for both. However, kidnapping may require that other facts be shown, such as the removal of the victim from one place to another.

legal-dictionary.thefreedictionary.com...

Strange how false imprisonment is just a misdemeanor and kidnapping (essentially the same crime) is a federal offense.

Could it be that the one charge is for police and the other for the citizens? I believe so.

Seems pretty simple to me. I was not there, I don't know where the bruises came from. If she is not willing to testify or sign a complaint, then there is no victim, if there is no victim, there is no crime.

Originally posted by HandyDandy

Originally posted by YouAreLiedTo
www.chron.com...

Sheriff Ross Mirkarimi pleaded guilty Monday to a misdemeanor charge of false imprisonment

Isn't false imprisonment really kidnapping?

Isn't kidnapping a federal crime not a misdemeanor?

Ah...I guess the difference is when you move the person from one place to another?

An individual whose conduct constitutes the tort of false imprisonment might also be charged with committing the crime of Kidnapping, since the same pattern of conduct may provide grounds for both. However, kidnapping may require that other facts be shown, such as the removal of the victim from one place to another.

legal-dictionary.thefreedictionary.com...

Strange how false imprisonment is just a misdemeanor and kidnapping (essentially the same crime) is a federal offense.

Could it be that the one charge is for police and the other for the citizens? I believe so.

That really is a valid point. Of course there is a double standard with Americans and their officials.

How many times do we have to see a cop killing an unarmed citizen in the street, and him get a month suspension with pay (a.k.a. a vacation), for us to realize that we have absolutely no rights at all when it comes to dealing with our government/officials/public servicemen/etc.

The past couple years has just been them warming the water up around us. I'm waiting for them to really crank up the water to boiling soon.

It's coming, we can all see it. Just a matter of how long until the populace actually realizes it. And if there's any time left to fix it when they do.

Edit: "Seems pretty simple to me. I was not there, I don't know where the bruises came from. If she is not willing to testify or sign a complaint, then there is no victim, if there is no victim, there is no crime."

That isn't what the DA's office thought...