California’s elderly parole program has granted freedom to a serial child predator who terrorized eight children under age seven with violent kidnappings and sexual assaults—despite the original prosecutor calling him “the worst child sexual predator I’ve ever prosecuted, hands down.”
Story Snapshot
- David Allen Funston, 64, granted parole after serving 27 years for kidnapping and molesting eight children under age seven in Sacramento during 1995-1996
- Governor Newsom referred the case for full board review but has not exercised override authority; parole affirmed February 18, 2026
- Original prosecutor Anne Marie Schubert—who later prosecuted the Golden State Killer—is demanding civil commitment as a Sexually Violent Predator
- Victims express outrage and fear of retaliation, calling the parole decision “a huge disservice to all Californians”
California’s Elderly Parole Program Releases Serial Child Molester
David Allen Funston received parole approval in September 2025 under California’s elderly parole program, which grants eligibility to inmates over 50 who have served at least 20 continuous years. Funston, now 64, was convicted in 1999 of 16 counts of kidnapping and child molestation for crimes committed against eight children—all under age seven—in Sacramento suburbs during 1995-1996. He received 20 years and eight months plus three consecutive 25-years-to-life sentences. The California Board of Parole Hearings initially denied parole in May 2022, but reversed course three years later despite the severity of his crimes and prior sexual assault conviction in Colorado.
Prosecutor Demands Civil Commitment for Public Safety
Anne Marie Schubert, the former Sacramento County Deputy District Attorney who prosecuted Funston and later gained national prominence for her work on the Golden State Killer case, has formally requested the California Department of Corrections and Rehabilitation screen Funston for civil commitment as a Sexually Violent Predator. In her February 2026 letter, Schubert argued that Funston’s crimes demonstrate “predatory intent, multiple victims, use of force, threats of lethal violence, and sexual offenses against prepubescent children.” California’s SVP Act allows for indefinite civil commitment of offenders deemed likely to reoffend, bypassing parole release. Schubert’s intervention represents a critical legal mechanism that could prevent Funston from walking free despite the parole board’s decision.
Traumatized Victims Fear Retaliation and Public Danger
The eight victims, now adults, have expressed profound outrage and fear regarding Funston’s potential release. One victim, who was kidnapped at age four, stated bluntly: “He shouldn’t be breathing the same air that we’re breathing at all.” The same victim expressed terror that Funston “gets out and tries to find his old victims and wants to kill us.” Another victim called the parole decision “a huge disservice to all Californians,” emphasizing that “pedophilia is an illness that doesn’t go away.” Their statements underscore the lasting psychological trauma inflicted by Funston’s crimes, which involved graphic violence, weapon threats, and deliberate terrorization of young children. The victims’ concerns about retaliation are not unfounded given the extreme nature of the original offenses.
Governor Newsom’s Limited Intervention Raises Questions
While Governor Gavin Newsom referred Funston’s parole grant to the full Board of Parole Hearings for review in January 2026—a discretionary action suggesting gubernatorial concern—he has not exercised his override authority to block the release. The full board affirmed the parole recommendation on February 18, 2026, allowing the decision to stand. This represents a troubling pattern in California’s criminal justice reform approach, where age and time served appear to outweigh offense severity and public safety concerns. The CDCR has declined to comment on the rationale behind the parole decision or provide a specific release date, citing “safety and security reasons.” This lack of transparency prevents Californians from understanding how elderly parole criteria are applied to violent sex offenders.
California’s Criminal Justice Reforms Prioritize Offenders Over Victims
Funston’s case exemplifies the dangerous consequences of California’s progressive criminal justice reforms, which prioritize compassionate release and rehabilitation over protecting innocent citizens. The elderly parole program, designed to address prison overcrowding, makes no meaningful distinction between nonviolent offenders and serial child predators with prior sexual assault convictions. This policy failure reflects the broader leftist agenda that has dominated California under Governor Newsom’s leadership—an approach that consistently places the interests of criminals above those of victims and law-abiding families. As Funston awaits release from the California Institution for Men in Chino, the case serves as a stark warning about the real-world consequences of soft-on-crime policies that endanger children and communities.
Sources:
California serial child molester granted parole. Victims are outraged – Los Angeles Times
Serial Child Kidnapper, Molester Set For Release From Chino – Patch
