David Allen Funston, 64, serving multiple life sentences for a string of brutal child abductions and molestations, had been granted parole earlier this month under the state’s elderly parole program, which allows inmates aged 50 and above with at least 20 years served to seek early release if they are no longer deemed a public safety risk.However, Placer County authorities booked Funston on new charges tied to a decades-old alleged child sexual assault in Roseville from 1996. Placer County District Attorney Morgan Gire said the case was reopened because Funston’s parole “changed the practical effect” of his previous life sentences.“This individual was previously sentenced to multiple life terms for extremely heinous crimes. Changes in state law and recent parole board failures have altered the practical effect of those sentences,” Gire said.“David Allen Funston committed very real crimes against a Placer County child, and the statute of limitations allows us to hold him accountable.”Funston remains in custody without bail at Placer County Jail, awaiting arraignment on suspicion of lewd and lascivious acts against a child. His attorney, Maya Emig, said she had only recently learned of the arrest and is reviewing the matter while defending the parole board’s decision as “lawful and just.”
Outrage over parole decision
Funston’s crimes shocked California in the 1990s. In 1999, he was convicted on 16 counts of kidnapping and child molestation for targeting at least eight children, ages three to seven, luring them with candy and toys before abducting and assaulting them. A judge described him as “the monster parents fear the most.”Despite this history, the Board of Parole Hearings had cited Funston’s therapy participation, expressions of remorse, and good behavior in prison when granting parole. Victims condemned the decision. One survivor told The Times, “He’s one sick individual. What if he gets out and tries to find us?”
Political backlash
The case has triggered political fire. Sacramento County District Attorney Thien Ho called the parole law “broken,” arguing that violent sexual offenders should never qualify for elderly parole. Republican lawmakers are pushing legislation to exclude sexual offenders from the program.Governor Gavin Newsom opposed the release but said he lacked the authority to overturn the parole board’s decision. His office requested a review, but the board reaffirmed its ruling, citing a reduced public safety risk from aging inmates.
Elderly parole law under scrutiny
California’s elderly parole program, expanded in 2020, allows inmates over 50 with at least 20 years served to seek early release. Critics argue it fails to account for the severity of crimes like child sexual abuse. Funston’s rearrest has reignited debates over reforming the law.
