CHINO, CA - A convicted serial child predator who was scheduled for release from state prison remains incarcerated after Placer County authorities intervened with a last-minute arrest warrant.
The convicted felon, 64-year-old David Allen Funston, was transferred directly into law enforcement custody, narrowly avoiding a return to the community, FOX11 reported. Funston was previously granted parole under California's Elderly Parole Program despite serving three life terms for 1999 convictions involving kidnapping and sexual abuse.
In 1999, Funston was convicted on 16 counts for terrorizing the Sacramento area, specifically targeting children under seven years old.
Despite being sentenced to three life terms plus additional decades, he became eligible for release via the Elderly Parole Program. The program, signed into law by Governor Gavin Newsom, lowered the eligibility age from the 60s to 50 and requires only 20 years of continuous incarceration. The program allows inmates over 50 who have served 20 years to be considered for release.
Newsom referred the case for a full review by the Board of Parole in early 2026. The board reaffirmed its decision to release Funston on February 18, 2026.
The decision to release Funston drew criticism from victims and law enforcement. One victim, Amelia, said she was "disgusted" by the board's decision. "I don't believe people like that change," she added.
California GOP Chair Corrin Rankin argued the last-minute warrant "exposes" a broken system, saying, "California Democrats ... built a parole system that was ready and willing to release a violent child predator back into our community." Anne Marie Schubert, the former prosecutor who originally tried Funston's case, described the situation as one that "shocks the conscience of all Californians."
Speaking on the parole board's decision, Schubert said, "We're willing to let violent sex offenders out of prison as early as 50 after only 20 years on three life terms."
She also clarified a major point of public confusion regarding Newsom's role in this. "The short answer is no, under the constitutional authorities, he can only reverse a parole grant on a murder case, not on horrible violence, sexual predators, serial rapists," she said.
While Newsom referred the case for a board review, he lacked the legal standing to veto the board's final recommendation to free Funston, Schubert added. "I think the governor owns this. I mean, he signed this law. The legislature under the Supreme Court already passed it, and for some reason felt that it was an appropriate law to reduce the age," she said.
"You gotta be 62 to get, collect social security. You can't collect your pensions until much, much later. But we're willing to let violent sex offenders out of prison as early as 50 after only 20 years on three life terms? I mean, honestly, I think it shocks the conscience of all Californians, with the exception of our parole board, who thought it was okay."
In 1996, Funston allegedly kidnapped and molested a child in Roseville, which is the basis for the new charges he is now facing. The Criminal Justice Legal Foundation and the California District Attorneys Association have sent a formal letter to the Board of Parole Hearings urging them to rescind the grant entirely.
Funston will remain in custody pending his first court appearance in connection with the new criminal charges in Placer County related to the 1996 Roseville case. A release date for Funston has not been announced.
The convicted felon, 64-year-old David Allen Funston, was transferred directly into law enforcement custody, narrowly avoiding a return to the community, FOX11 reported. Funston was previously granted parole under California's Elderly Parole Program despite serving three life terms for 1999 convictions involving kidnapping and sexual abuse.
In 1999, Funston was convicted on 16 counts for terrorizing the Sacramento area, specifically targeting children under seven years old.
Despite being sentenced to three life terms plus additional decades, he became eligible for release via the Elderly Parole Program. The program, signed into law by Governor Gavin Newsom, lowered the eligibility age from the 60s to 50 and requires only 20 years of continuous incarceration. The program allows inmates over 50 who have served 20 years to be considered for release.
Newsom referred the case for a full review by the Board of Parole in early 2026. The board reaffirmed its decision to release Funston on February 18, 2026.
The decision to release Funston drew criticism from victims and law enforcement. One victim, Amelia, said she was "disgusted" by the board's decision. "I don't believe people like that change," she added.
California GOP Chair Corrin Rankin argued the last-minute warrant "exposes" a broken system, saying, "California Democrats ... built a parole system that was ready and willing to release a violent child predator back into our community." Anne Marie Schubert, the former prosecutor who originally tried Funston's case, described the situation as one that "shocks the conscience of all Californians."
Speaking on the parole board's decision, Schubert said, "We're willing to let violent sex offenders out of prison as early as 50 after only 20 years on three life terms."
She also clarified a major point of public confusion regarding Newsom's role in this. "The short answer is no, under the constitutional authorities, he can only reverse a parole grant on a murder case, not on horrible violence, sexual predators, serial rapists," she said.
While Newsom referred the case for a board review, he lacked the legal standing to veto the board's final recommendation to free Funston, Schubert added. "I think the governor owns this. I mean, he signed this law. The legislature under the Supreme Court already passed it, and for some reason felt that it was an appropriate law to reduce the age," she said.
"You gotta be 62 to get, collect social security. You can't collect your pensions until much, much later. But we're willing to let violent sex offenders out of prison as early as 50 after only 20 years on three life terms? I mean, honestly, I think it shocks the conscience of all Californians, with the exception of our parole board, who thought it was okay."
In 1996, Funston allegedly kidnapped and molested a child in Roseville, which is the basis for the new charges he is now facing. The Criminal Justice Legal Foundation and the California District Attorneys Association have sent a formal letter to the Board of Parole Hearings urging them to rescind the grant entirely.
Funston will remain in custody pending his first court appearance in connection with the new criminal charges in Placer County related to the 1996 Roseville case. A release date for Funston has not been announced.
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