A serial child predator who kidnapped and sexually assaulted eight children under age seven is set to walk free from a California prison thanks to Governor Gavin Newsom’s soft-on-crime parole policies, sparking fury among victims who fear for their lives and a prosecutor who called this “the worst child sexual predator case” she ever handled.
Story Highlights
- David Allen Funston, 64, granted elderly parole after serving 27 years for kidnapping and molesting eight children in Sacramento during 1995-1996
- Victims, all under age seven during attacks, express outrage and fear of retaliation as parole board affirmed release despite crimes involving weapons and graphic violence
- Former prosecutor Anne Marie Schubert, who later gained fame prosecuting the Golden State Killer, demands sexually violent predator screening to block release
- Governor Newsom referred case for review but failed to override parole decision, allowing California’s elderly parole program to prioritize age over public safety
California’s Dangerous Parole Gamble
David Allen Funston terrorized Sacramento suburbs for over a year during 1995-1996, targeting the most vulnerable victims imaginable—eight children all under age seven. His crimes were so heinous that he received 20 years and eight months plus three consecutive 25-years-to-life sentences after conviction on 16 counts of kidnapping and child molestation in 1999. Yet California’s parole board determined this predator, now 64, no longer poses an unreasonable risk to public safety. This decision represents everything wrong with California’s elderly parole program, which values an offender’s age over the severity of their crimes and the ongoing trauma of their victims.
Prosecutor Sounds Alarm on Parole Disaster
Anne Marie Schubert, the former Sacramento County Deputy District Attorney who prosecuted Funston, minces no words about this case. She describes it as “the worst child sexual predator case I’ve ever prosecuted, hands down”—a stunning assessment from a prosecutor who later gained national prominence for her work on the Golden State Killer case. Schubert’s credibility on violent crime prosecution is unimpeachable, yet California’s parole board dismissed her expertise. She has formally requested the California Department of Corrections and Rehabilitation conduct sexually violent predator screening, arguing Funston’s crimes demonstrate “predatory intent, multiple victims, use of force, threats of lethal violence, and sexual offenses against prepubescent children.”
Victims Retraumatized by Reckless Decision
The eight victims, now adults attempting to rebuild lives shattered by childhood trauma, face a nightmare scenario. One victim, kidnapped at age four, expressed raw fear: “He shouldn’t be breathing the same air that we’re breathing at all,” adding concern 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 forced to relive horrific trauma because California prioritizes criminal comfort over public safety. The parole board initially denied Funston’s release in May 2022, demonstrating they once recognized the danger he poses.
Newsom’s Weak Response Enables Predator Release
Governor Gavin Newsom had the power to stop this travesty but failed to exercise it. While he referred Funston’s case to the full parole board for review in January 2026—suggesting even he recognized problems with the initial September 2025 parole grant—he ultimately allowed the decision to stand when the full board affirmed the recommendation on February 18, 2026. This pattern reflects California’s broader embrace of soft-on-crime policies that prioritize rehabilitation rhetoric over protecting families. Funston’s criminal history includes a prior sexual assault conviction in Colorado before his California crimes, establishing a pattern of predatory behavior across multiple states. The California Department of Corrections refuses to disclose when or where Funston will be released, citing security reasons, leaving communities unable to protect themselves.
Elderly Parole Program Undermines Justice
California’s elderly parole program allows inmates over 50 who have served at least 20 continuous years to seek parole hearings, regardless of offense severity. This policy reflects the state’s misguided criminal justice reforms prioritizing prison population reduction over community safety. The program treats age as a rehabilitative factor without adequately weighing whether certain crimes—particularly serial child predation involving weapons and threats—demonstrate permanent danger to society. Funston’s case exposes this fundamental flaw. His victims were prepubescent children subjected to graphic violence and psychological terror. The prosecutor who knows this case better than anyone believes he remains a sexually violent predator requiring civil commitment rather than community release.
Sources:
California serial child molester granted parole. Victims are outraged – Los Angeles Times
Serial Child Kidnapper, Molester Set for Release from Chino – Patch
