A serial child predator labeled the worst case by his prosecutor walks free under California’s elderly parole program, leaving victims terrified of revenge.
Story Snapshot
- David Allen Funston, 64, convicted of kidnapping and molesting eight children under age 7 in 1995-1996 Sacramento suburbs.
- Sentenced to 20 years plus three 25-to-life terms; granted parole after 27 years despite prior Colorado sex assault conviction.
- Prosecutor Anne Marie Schubert, Golden State Killer case veteran, calls it her worst case and pushes for Sexually Violent Predator commitment.
- Governor Newsom reviewed but full parole board affirmed release; victims fear retaliation as Funston awaits freedom from Chino prison.
Funston’s Reign of Terror in Sacramento Suburbs
David Allen Funston targeted eight children, all under age 7, in Sacramento suburbs between 1995 and 1996. He kidnapped them using weapons, inflicted graphic violence, and inflicted lasting psychological trauma. Victims included seven girls and one boy. Funston threatened lethal harm to silence them. A judge branded him a monster during sentencing. This pattern followed his earlier Colorado conviction for sexually assaulting a woman.
Conviction and Harsh Sentence in 1999
Prosecutors secured convictions on 16 counts of kidnapping and child molestation in 1999. The court imposed 20 years and 8 months plus three consecutive 25-years-to-life sentences. Anne Marie Schubert led the case as Sacramento County Deputy District Attorney. She later pioneered DNA evidence to catch the Golden State Killer. Schubert now deems Funston’s crimes unmatched in predatory horror. Common sense demands permanent incarceration for such predators, aligning with conservative priorities on protecting the innocent.
Elderly Parole Program Sparks Controversy
California’s elderly parole program grants hearings to inmates over 50 who served 20 continuous years, targeting overcrowding relief. Funston qualified and faced denial in May 2022. The Board of Parole Hearings reversed course in September 2025. Governor Gavin Newsom referred the grant to full board review in January 2026. On February 18, 2026, the full board affirmed parole. Funston sits in Chino’s California Institution for Men, release date withheld for security.
Victims and Prosecutor Fight Back
Victims relive nightmares, one kidnapped at age 4 calls Funston a monster unfit to breathe free air. They fear he will hunt them down for revenge. Another labels pedophilia an incurable illness and the parole a disservice to all Californians. Schubert fired off a letter to CDCR in February 2026 demanding Sexually Violent Predator screening. She cites his predatory pattern, multiple prepubescent victims, force, and death threats as perfect SVP criteria. Facts back her push; rehabilitation claims ring hollow against recidivism risks.
Power Struggles in California’s Justice System
The parole board wields initial authority, but Newsom holds override power he has not used. CDCR stonewalls on rationale and timeline, citing safety protocols. Victims and Schubert highlight flawed priorities: age trumps crime severity. This case exposes reform excesses prioritizing inmate compassion over child safety. Conservative values demand policies shielding communities from proven monsters, not freeing them on technicalities. Sacramento residents and families brace for fallout.
Unresolved Tensions and Future Risks
SVP proceedings could civilly commit Funston to a state hospital if judges deem reoffense likely. No release details emerge, fueling anxiety. This saga questions elderly parole’s wisdom for violent sex offenders. Victims suffer retraumatization; public safety hangs in balance. Schubert’s credibility amplifies calls for change. Outcomes here will shape precedents, testing if California values justice or optics. Broader reforms loom if common sense prevails over leniency.
Sources:
California serial child molester granted parole. Victims are outraged
Serial Child Kidnapper, Molester Set For Release From Chino
