Convicted Child Molester Nearly Freed Under California Parole Program, but New Charges Keep Him Behind Bars

David Allen Funston, a convicted child molester, was nearly released from prison despite his life sentence in February 2026 because of California’s Elderly Parole Program. However, he remained in custody after a new arrest warrant was issued against him in Placer County.

In 1999, Funston was convicted on 16 counts of serious crimes in Sacramento County. These included multiple counts of kidnapping and s—---- assault of seven children. Some of his victims were as young as three to four years old. Funston lured his victims by offering with candy and toys.

Funston was apprehended after a neighbor saw him luring two girls. A judge sentenced him to three consecutive terms of 25 years to life. However, Funston, now 64, became eligible for parole under the Elderly Parole Program, which allows inmates over the age of 50 to receive a parole hearing after serving at least 20 years of continuous incarceration.

In September 2025, a Board of Parole Hearings (BPH) panel found him eligible for parole. The move sparked widespread outrage, with many criticizing California Governor Gavin Newsom for signing a bill that lowered the minimum age for parole from 60 to 50.

In January, Newsom asked the BPH to review its decision because of the severity of Funston's crimes.

However, the board reaffirmed its recommendation. One of Funston’s victims slammed the panel at a press conference, saying “This man has took innocence from myself and others. He is a criminal, child molester, dangerous, and deserves to spend the rest of his life behind bars,” she said.

Sacramento County Sheriff Jim Cooper also criticized the decision and said, “A judge in Sacramento described him as the monster parents fear most, yet today the parole board decided he is suitable for release. He lured [the victims] with candy, Barbie dolls, toys, and abused these kids horrifically, horrifically. The youngest victim 3 years of age.”

Cooper also criticized the parole program, saying, “Unfortunately, in 2020, a bill was passed that made folks eligible for parole as early as 50 years of age once they served 20 years, so he qualifies. He’s 64 years old… that is dead wrong. What in the hell is going on in California? What is happening in our state? This cannot happen. It’s not OK.”

On February 26, 2026, Funston was set to be released from prison. However, the same day, law enforcement agencies in Placer County filed new charges against him in connection with the 1996 kidnapping and sexual assault of a child in Roseville. The California Department of Corrections and Rehabilitation (CDCR) then transferred him to Placer County authorities.

Anne Marie Schubert, a former attorney who handled Funston's case, lauded Placer County authorities for ensuring the convict remains behind bars. “God bless Placer County DA for charging David Funston for crimes committed by this serial child predator. Let’s remember that @CAgovernor signed the law allowing this to happen. But Placer DA stepped in to stop this insanity,” she wrote on X.