CHILD PREDATOR Released—Governor CULPABLE

California’s parole board has approved the release of a serial child predator convicted of kidnapping and sexually assaulting eight children under age seven, sparking outrage from traumatized victims and the prosecutor who called him “the worst child sexual predator I’ve ever prosecuted, hands down.”

Story Snapshot

David Allen Funston, 64, granted elderly parole after 27 years despite convictions for kidnapping and molesting eight children under age seven in Sacramento suburbs
California’s parole board affirmed release decision upon Governor Newsom’s referral for full review and victim opposition
Former prosecutor Anne Marie Schubert, who prosecuted the Golden State Killer, is pushing for civil commitment as a sexually violent predator to block release
Victims describe lasting trauma and fear of retaliation, calling the parole decision “a huge disservice to all Californians”

California’s Elderly Parole Program Prioritizes Age Over Crime Severity

David Allen Funston received sentences totaling 20 years and eight months plus three consecutive 25-years-to-life terms after his 1999 conviction on 16 counts of kidnapping and child molestation. His crimes terrorized Sacramento suburbs during 1995 and 1996, targeting children ages four to six with graphic violence and weapon threats. California’s elderly parole program made him eligible for release consideration after turning 50 and serving 20 continuous years, regardless of offense severity. The parole board initially denied his request in May 2022 but reversed course in September 2025.

Parole Decision Survives Full Board Review Despite Gubernatorial Concerns

Governor Gavin Newsom referred Funston’s parole grant to the full parole board for review in January 2026, exercising discretionary authority that suggested concern about the initial decision. The full board affirmed the parole recommendation on February 18, 2026, determining Funston does not pose an unreasonable risk to public safety under elderly parole criteria. The California Department of Corrections and Rehabilitation declined to explain the decision rationale or provide a release date, citing safety and security protocols. Funston remains incarcerated at the California Institution for Men in Chino pending release.

Prosecutor Seeks Civil Commitment as Sexually Violent Predator

Anne Marie Schubert, who prosecuted Funston before gaining national prominence for her work on the Golden State Killer case, sent a formal letter to CDCR requesting sexually violent predator screening. Her letter argues Funston’s pattern demonstrates “predatory intent, multiple victims, use of force, threats of lethal violence, and sexual offenses against prepubescent children.” California’s SVP Act allows civil commitment of offenders deemed likely to reoffend rather than community release. Funston already had a prior sexual assault conviction in Colorado before committing his California crimes, establishing a documented pattern of sexual violence spanning multiple states.

Victims Retraumatized by Release Prospect

The eight victims, now adults, have spoken publicly against the parole decision. One victim kidnapped at age four stated, “He shouldn’t be breathing the same air that we’re breathing at all,” expressing fear that Funston might seek retaliation. Another victim characterized the decision as “a huge disservice to all Californians,” noting that pedophilia “is an illness that doesn’t go away.” The victims describe being forced to relive their trauma through the parole process while confronting the prospect of their attacker walking free.

Case Exposes Tension Between Reform and Public Safety

California’s criminal justice reforms have expanded parole eligibility as part of broader efforts addressing prison overcrowding and promoting rehabilitation. The elderly parole program represents a compassionate release mechanism for aging inmates who have served substantial sentences. Funston’s case highlights fundamental questions about whether such programs adequately protect communities when applied to violent sex offenders with multiple child victims and prior convictions. The outcome will likely influence future parole board decisions involving similar offenders and may prompt legislative reconsideration of eligibility criteria for the elderly parole program.