Matt Smith/The Bay Citizen

Ross Mirkarimi declared victory in the San Francisco sheriff's race Thursday, Nov. 10, 2011

San Francisco Sheriff Ross Mirkarimi could face domestic violence charges by Friday, less than a week after he was sworn into office.

George Gascon, San Francisco's district attorney, said Wednesday he plans to "bring a case to court as quickly as possible," an indication that he's decided to file charges based on allegations that Mirkarimi grabbed his wife, Eliana Lopez, with such force during an argument that he left a bruise on her arm.

Gascon made those comments to Spanish language media at a press conference, after telling English language media at the same event that he would decide whether or not to charge Mirkarimi by the end of the week.

“This is a high priority case for us because it involves allegations of abuse, and it involves a very young child,” said Gascon. “One of my concerns is for Eliana Lopez and her child.”

Gascon did not specify whether he was considering misdemeanor or felony charges against Mirkarimi.

Police first learned of the allegations on Jan. 4, when Ivory Madison, Mirkarimi's neighbor and a campaign supporter, reported the incident.

According to a search warrant affidavit, Lopez went to Madison's home on New Year's Day and told her that during an argument with her husband the night before, Mirkarimi grabbed her arm so hard that he left a bruise.

Lopez then asked Madison to take a picture of the bruise using Madison's video camera, according to the affidavit. Madison told officers that she "had promised the victim that she would not provide the video to police."

Police then obtained a search warrant and seized the video camera and Madison's iPhone 4, which Madison said held text messages referring to the alleged incident, according to the affidavit.

Neither Mirkarimi nor Madison responded to The Bay Citizen's requests for comment.

Mirkarimi’s attorney, Robert Waggener, described Gascon's case as weak. “It’s pretty suspicious," he said. "It’s not your ordinary domestic violence case."

"The wife didn’t call the police, and didn't want her to call the police, and had no intention of calling the police. it wasn't a police matter. She went to her as a friend to talk about her relationship with her husband. She wasn’t going there to make any complaint, or to pursue a domestic violence action. The neighbor took it upon herself to call the police, much to the disappointment and dismay of the wife."

Bob Talbot, a University of San Francisco law professor who teaches criminal law, said information released so far by police and the district attorney do not point to a strong case.

“You have a neighbor saying the wife of the sheriff said certain things happened. You have hearsay testimony. And you have a high ranking public official. If I’m a cop, I’m nervous about the situation, and I give it to the DA without making an arrest,” Talbot said.

According to Talbot, California's domestic violence statutes give prosecutors ample leeway to bring misdemeanor or felony charges.

"The DA could go for a felony, or a misdemeanor, depending upon the injury involved. You have to willfully inflict this traumatic condition," he said.

Madison is well known in San Francisco literary circles, as the founder of Redroom.com, a social media site aimed at writers. Evelyn Nieves, a Redroom site member who hosts her own literary salon, is Mirkarimi’s previous girlfriend.  Nieves and Madison met once, according to Nieves.

Gascon said Madison continues to cooperate with investigators, adding that his office takes seriously each of the 700 domestic violence complaints it receives each year.

During Wednesday’s press conference, he did acknowledge the novelty of the possibility that San Francisco’s two top elected law enforcement officials may face off in court.

“This is a strange type of situation,” Gascon noted.

Correction: A previous version of this story stated that Ivory Madison “knew Mirkarimi’s previous girlfriend, Evelyn Nieves.” Nieves and Madison only met once. The story has been corrected.