California’s Shocking Parole Decision: Child Predator Freed

A serial child predator convicted of kidnapping and molesting eight children under age seven is walking free thanks to California’s elderly parole program, despite victims’ desperate pleas and a prosecutor calling it the worst case she ever handled.

Story Snapshot

David Allen Funston, 64, granted parole after 27 years for kidnapping and sexually assaulting eight children in Sacramento suburbs during 1995-1996
Original prosecutor Anne Marie Schubert—who later prosecuted the Golden State Killer—calls this “the worst child sexual predator case I’ve ever prosecuted, hands down”
Victims express terror about retaliation and outrage at California’s elderly parole program prioritizing age over offense severity
Governor Gavin Newsom referred the case for full board review but did not override the parole decision despite victim trauma and public safety concerns

California’s Elderly Parole Program Releases Violent Predator

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 was sentenced to 20 years and eight months plus three consecutive 25-years-to-life sentences after his 1999 conviction on 16 counts of kidnapping and child molestation. The parole board initially denied his release in May 2022, but reversed course three years later. This policy shift prioritizes age and time served over the horrific nature of crimes committed against society’s most vulnerable.

Victims All Under Age Seven Face Lifelong Trauma

Funston’s eight victims were all under age seven when he kidnapped and sexually assaulted them in Sacramento suburbs between 1995 and 1996. The crimes involved graphic violence, threats with weapons, and deliberate psychological torture designed to terrorize children into silence. One victim, kidnapped at age four, described Funston as “a monster” and expressed fear that “he 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,” noting that pedophilia is “an illness that doesn’t go away.” These aren’t abstract policy debates—these are real people living with permanent psychological scars from a predator now free to walk among them.

Prosecutor Demands Sexually Violent Predator Review

Anne Marie Schubert, who prosecuted Funston before gaining national prominence for her work on the Golden State Killer case, sent a formal letter to California’s Department of Corrections demanding Funston undergo screening under the state’s Sexually Violent Predator Act. Schubert argues Funston’s “pattern of behavior demonstrates predatory intent, multiple victims, use of force, threats of lethal violence, and sexual offenses against prepubescent children”—textbook criteria for SVP commitment. Under California’s SVP program, offenders deemed likely to reoffend can be civilly committed to state hospitals rather than released to the community. The CDCR has declined to comment on whether this review will occur or provide any timeline for Funston’s actual release, citing “safety and security reasons.”

Newsom’s Limited Action Reveals Policy Priorities

Governor Gavin Newsom referred Funston’s parole grant to the full parole board for review in January 2026, suggesting initial concern about the decision. However, when the full board affirmed the parole recommendation on February 18, 2026, Newsom did not exercise his override authority to block the release. This inaction speaks volumes about California’s criminal justice priorities under progressive leadership. The elderly parole program reflects a broader policy shift toward rehabilitation and compassionate release, but applying these standards to serial child predators with prior sexual assault convictions demonstrates how far California has strayed from common-sense public safety protections. Funston had already been convicted of sexually assaulting a woman in Colorado before his California crimes, establishing a clear pattern of predatory behavior.

Public Safety Sacrificed for Progressive Ideology

The Funston case exemplifies the dangerous consequences when progressive criminal justice reform prioritizes offender age over victim safety and crime severity. California taxpayers and families deserve transparent answers about how a man who terrorized eight small children with weapons and sexual violence somehow no longer poses “an unreasonable risk to public safety”—the standard the parole board supposedly applied. The CDCR’s refusal to explain its reasoning or provide release details eliminates public accountability for this decision. This lack of transparency is typical of California’s current administration, which consistently shields controversial policy outcomes from public scrutiny. Families across California now face the reality that even the most heinous crimes against children may result in early release if offenders simply age out of their sentences, regardless of rehabilitation evidence or victim impact.