Controversy Surrounding Release of Convicted Serial Child Predator David Allen Funston Under Elderly Parole Program
A 64-year-old convicted serial child predator, David Allen Funston, was set to be released under the Elderly Parole program after being granted parole. However, Placer County authorities intervened with a last-minute arrest warrant, preventing his release. Funston was convicted in 1999 for terrorizing the Sacramento area in the mid-1990s, targeting children under seven years old. Despite being sentenced to three life terms, he became eligible for release under the Elderly Parole Program, which allows inmates over 50 who have served 20 years to be considered for release.
Governor Gavin Newsom signed the Elderly Parole Program into law, lowering the eligibility age to 50 and requiring 20 years of continuous incarceration. The Board of Parole reaffirmed its decision to release Funston in February 2026, sparking criticism from victims and law enforcement. Former prosecutor Anne Marie Schubert, who tried Funston's case, expressed shock at the decision to release a violent child predator back into the community. She clarified that Newsom lacked the legal authority to veto the board's decision to release Funston.
Criticism of the parole board's decision has been widespread, with victims, law enforcement, and political figures condemning the release of Funston. The Criminal Justice Legal Foundation and the California District Attorneys Association have called for the grant of parole to be rescinded. Funston will remain in custody pending his court appearance for new criminal charges in Placer County related to a 1996 case in Roseville. A release date for Funston has not been announced.
In conclusion, the case of David Allen Funston, a convicted serial child predator set to be released under the Elderly Parole program, has sparked controversy and criticism. Despite being eligible for release, last-minute intervention by Placer County authorities has delayed his freedom. The decision to release Funston has drawn strong opposition from victims, law enforcement, and legal organizations, highlighting concerns about the parole system and the release of violent offenders back into the community.