California child molester cleared for release under elderly parole program

A California pedophile, once described by a judge as “the monster parents feared most,” has been released under the state’s senior parole program, a decision local law enforcement says endangers communities and that prosecutors are now seeking to stop.

David Allen Funston, 64, was sentenced in 1999 after a Sacramento County jury found him guilty of 16 felony counts for a series of kidnappings involving children younger than 7.

Funston received more than 20 years in prison plus three consecutive terms of 25 years to life. After spending more than two decades behind bars, he is eligible for consideration under the law California Senior Parole Program.

The California Department of Corrections and Rehabilitation (CDCR) confirmed to Fox News Digital that Funston was granted parole eligibility by the Board of Parole Hearings on September 26, 2025.

David Allen Funston, a Sacramento County child predator, was convicted in 1999 on multiple counts of kidnapping and child molestation. Funston was granted parole eligibility under California’s elderly parole program after serving more than two decades in prison. (X/@sacsheriff)

CDCR said that on January 12, 2026, Gov. Gavin Newsom It referred the case back to the Board of Parole Hearings for further review by a majority of the appointed commissioners. At its February 18, 2026, meeting, the board committee reaffirmed its decision, recommending that Funston receive parole.

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Sacramento County Sheriff Jim Cooper He said the design was wrong.

“He poses a clear danger to the community, and he has not been rehabilitated,” Cooper told Fox News Digital.

Cooper said he personally reviewed the original case reports and victim statements and wondered how the parole board could have reached a different conclusion.

“The ironic thing is that the parole board read the same reports that I read,” Cooper said. “How the hell did they come to that conclusion compared to what you came to?”

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A guard walks outside the California Institute for Men in Chino, a state prison. (Anne Johansson/Corbis via Getty Images)

Cooper added that the detailed testimony of the young victims helped “take down this monster.”

He also backed away from the premise that reaching age 50 automatically makes a person safe for release.

“Fifty is not old,” Cooper said. “We know a lot of people who are 50. Everyone knows it.”

Cooper noted that many people in their 50s and 60s are still working and active, stressing that a person released at age 64 is not necessarily weak or incapacitated and can fully function in society.

When asked whether certain crimes should automatically disqualify someone from the opportunity to receive senior parole, Cooper was direct.

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“Crimes and violence Anything of a sexual natureHe said 100%.

Sacramento County District Attorney Thein Ho strongly criticized the decision in a statement sent to Fox News Digital.

“This defendant is the worst ever – a child predator who lures, kidnaps and abuses children. He will reoffend and is a ticking time bomb,” Ho said. “We strongly opposed releasing this extremely violent predator early. This is another example that highlights how important it is to release elderly people on parole.” The broken law that results In broken promises and broken lives.”

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A barbed wire fence surrounds the California Institute for Men in Chino, highlighting security measures at the state prison. (Anne Johansson/Corbis via Getty Images)

Ho said prosecutors appeared during the final hearing and “strongly objected” to Funston’s early release. He said measures would be taken “to stop the release of this predator.”

Some of Funston’s victims question the parole board’s conclusions.

“He shouldn’t be breathing the same air as us,” said one survivor, who was kidnapped when he was four years old. He told the Los Angeles Times, He described him as a “monster” and expressed fear that he might be released.

Funston’s crimes rocked the Sacramento area in the mid-1990s. Prosecutors said he approached children playing outside their homes and lured them with candy, toys and promises before kidnapping and assaulting them. Trial testimony included details of threats intended to silence the victims, including holding a knife to a young girl’s throat.

Anne Marie Schubert, a former Sacramento District Attorney who helped prosecute the case, told the Los Angeles Times it was the worst child sex abuse case she had ever handled.

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Former Sacramento District Attorney Anne Marie Schubert said Funston’s case is the worst child sex abuse case she has ever handled. (Justin Sullivan/Getty Images)

Schubert also told the Times that she has formally asked CDCR to evaluate Funston under California Sexually Violent Predator Actwhich can result in civil commitment to a state hospital rather than the offender being released if he or she is likely to reoffend.

In a letter cited by the Times, Schubert argued that a pattern of crimes involving many very young victims, coercion and threats fell squarely within the category of criminals the law was designed to address.

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It is still unclear when and where Funston will be released. CDCR records show he remains incarcerated at the California Institute for Men in Chino.

A spokesperson for Gov. Gavin Newsom told Fox News Digital that the governor has referred a review of the case to the Board of Parole Hearings to determine suitability and public safety risks.

The department noted that parole eligibility is determined by state law and sentencing decisions, while the parole board determines whether a prisoner poses an unreasonable risk before being released. The governor’s office also pointed to data showing that parole is granted in a small percentage of hearings, and that individuals released through elder parole have historically had low recidivism rates.

Stephenie Price covers crime, including missing persons, homicides and immigrant crimes. Send story tips to stepheny.price@fox.com.

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