"We had overwhelming evidence in this case," Gascon said.
Now that the Mirkarimi domestic violence case has moved from the Hall of Justice to City Hall, Gascon is accusing the suspended sheriff of shifting the details of what happened New Years Eve when he bruised his wife's arm.
"He's talking about the fact the event occurred in a vehicle and what he was trying to do was to protect his son," Gascon said. "That is very problematic to me because we have plenty of evidence that would speak to a different set of circumstances."
On KGO Radio this weekend, Mirkarimi stuck to his version and criticized the district attorney.
"He's rattling my cage and it's a pretty scary thing when you have a peer who's elected and in power," Mirkarimi said.
Mirkarim's wife and son will be staying in Venezuela longer than anticipated. The court agreed to let her stay in her home country another seven weeks. Mirkarimi says it's best for their son at this time.
This case is far from Gascon's top priority. He is the statewide co-chair of an effort to tweak California's three strikes law. He believes the reform initiative which is headed to the November ballot will save millions of dollars spent handling non-violent offenders while keeping those truly dangerous behind bars.
"It doesn't make sense to send people to life imprisonment for offenses such as shoplifting or possession of drugs," Gascon said.
Gascon is personally opposed to the death penalty. He was asked about the slaughter of five people inside their home last month in the Ingleside District. Binh Thai Luc, 35, has been charged with their murders.
"The way we handle death penalty in our office, we have a special circumstances committee composed of our very senior homicide prosecutors," Gascon said. "Once we get sufficient evidence to review it, we review it and I make the ultimate decision."
ABC7 also learned that in the case of the bicyclist who killed a pedestrian in the Castro, Gascon says he'll likely decide this week whether to charge the man with a misdemeanor or a felony.
