, already serving time for the murder of a hayward woman. >> 59-year-old david misch had already beenng time. >> reporter: the goal? to try the cases together. in december, the judge ruled that there was enough evidence to try him for three murders plus special circumstance allegations of murder during the commission of rape, kidnapping, and attempted murder. he has pleaded not guilty. but mcmahon would not get the opportunity. pamela price had reduced the charges against misch by removing the special circumstance allegations. this would remove the possibility of prison without the possibility of parole. price ran on a progressive platform aimed at reforming a judicial system she says is rooted in racism. >> for decades we have had a justice system that has literally devastated the black and brown community. >> reporter: but mcmahon says that the decision to strike the special circumstances without input from a prosecutor stunned her. >> i know more about these cases than anyone, probably even to this day. to not have a discussion with me about the impacts of that decision on the case

nancy turned around and said, david misch is white. all three families were so heartbroken.shock pay >> we invited the district attorney to sit down with us to discuss the misch case but she did not make herself available. while she didn't address reducing the charges, she did tell a reporter that she understands the families frustration. >> i appreciate that they are still you know, they've been held hostage by the system because the case has not been resolved, after so many years. what my commitment to them was then and continues to be is that we are going to prosecute this case as expeditiously as we can pay >> why would they replace her with somebody that had to start from the beginning and work all over again? >> garrett said it's disappointing to him to think that mcmahon's history could have played a role in the families losing a prosecutor that came to trust. 2018 price ran against then da o'malley and accused o'malley staff including mcmahon, of illegally campaigning for o'malley while on the job. it's a charge make and denies. >> she handed me a letter and said tha

january, district attorney pamela price reduced the charges against misch. pamela price also put mcmahon on administrative leave. mcmahon says the charges were reduced without consulting her or mckayla garecht's family. is that ordinary? >> unheard of. unthinkable. i know more about these cases than anyone, probably each to this day. and to not have a discussion with me about the impact that charging decision may have on the future of the case is unthinkable. >> joining us now is jessica aguirre leading the investigation into the story. remarkable what she is saying. why is that district attorney speaking publicly and to us about the case? >> well, colleen mcmahon says she is really doing it for the victims' families, because two things. this case went unsolved for 34 years. and the families have waited a long time. and to get to this point, to have the case altered and have her taken off the case means the families are going to have to wait even longer to find some sort of resolution. but the other issue is charging decision. removing those additional charg

. >> if anybody should be spending their life behind bars it's david misch. he is an absolute public safety. >> reporter: price dropped special circumstance allegations against him. aggravated forms of murder that if convicted would have meant life without the possibility of parole and placed mcmahon on leave. >> supporters of price are going to say that you're disgruntled and that you didn't like her from the beginning. >> i was committed to seeing these cases through. i'm not disgruntled. i'm frustrated and upset with her placing me in limbo. the reason i'm coming forward is for the victims' families. >> reporter: now mcmahon has since resigned, as have two other prosecutors. now price recently filed misdemeanor charges against one of those former deputy d.a.'s, butch ford. she alleges he interfered with the prosecution of a police officer, a charge he denied in court. the other four prosecutors remain on paid leave. and as far as the misch case goes, a new prosecutor regarded as highly experienced has been assigned to that case. it is unclear, though, when

our office has every confidence they will be able to successfully try the case and that defendant mischill spend life in prison. he could get life in prison with the possibility of parole. both defendants have pleaded not guilty. we reached out for comments on today's event and did not hear back. >>> a stabbing right in the middle of san francisco's busy market street. video posted on social media shows blocking off the area. this happened on market street and mcdonald this afternoon. a man was stabbed and taken to the hospital with life-threatening injuries. if you saw anything or know of anything, you should contact the sfpd. >>> do the headlines reflect the reality? how bad is the crime problem in oakland. new numbers obtained by our investigative unit shows violent crime is on the rise. in some cases, hitting record highs. we looked at crime over the past 18 years. the first six months of this year, auto thefts, assaults, carjackings and burglary were the worst they have ever been. look at the spike here. 2023, carjacking alones tripled. assaults have been trending upward. a spike a

though, the district attorney's office put out a press release saying in part, the prosecution of david mischurder and a variety of related charges is proceeding. our office has every confidence they will be able to successfully try the case and that the defendant will be convicted and spend the rest of his days in prison. the statement also accused mcmahan of violating her think cal responsibilities by talking going the case and went on to apologize to the victims' families. she said she came forward after consulting with the victim' families who she says has been hurt by the decision. you can watch our exclusive interviews on our website, nbcbayarea.com. >>> all right. get ready to crank up the heat. a live look at san jose and the bay area. parts of the bay area are about to get hot. okay, jeff, where will it be the hottest? >> i think out toward livermore, brentwood, concord, those are some of the locations where we'll be in the 90s. and eventually the chance of some 100s. we have the fog at the coastline and lots of 50s and 60s. so we have cooled off. any kind of fog tomorrow morning sho

them is matthew deperno who was endorsed by donald trump to unseat the current attorney general in mischspecial prosecutor to overturn this case and even though it was an indictment, deperno is denying wrongdoing in this case and it is unfounded and motivated by politics and it does stem from a long-running investigation and deperno is part of a loose affiliated group who has been trying to get machineses across the country. he is behind one of the infamous lawsuits where he was trying to get access to voting machines in another michigan county. he's a known election denier in that state and that was an indictment handed down by an independent special prosecutor despite the claims to the contrary by deperno and there are similar voting machine breaches under investigation in two other states, colorado and georgia. both of those took place after january 6, 2021, as did the ones in michigan, but it looks like they fit into the broader election investigation conversation because in michigan, specifically dana nessel, the attorney general there, has indicted 16 of the fake electors who signe