Infamous sex offender faces new charges just hours before his planned release from prison

California Pedophile Indicted Hours Before Release

In a surprising turn of events, David Allen Funston, a 64-year-old convicted pedophile, was indicted on new charges just hours before he was set to be released, thanks to California’s elderly parole law.

Funston, who received his convictions back in 1999, had faced 16 counts of kidnapping and child molestation. His actions were particularly heinous, as he reportedly kidnapped at least eight children—seven girls and one boy—using Barbie dolls and candy to lure them in. He was sentenced to multiple life terms, but recently, the parole board approved his early release under the state’s elderly parole program, claiming he qualified.

However, shortly after this decision, Placer County Prosecutor Morgan Gyre announced that new charges were filed against Funston related to a child sexual assault case from 1996 in Roseville.

At that time, prosecutors had opted not to pursue additional charges, believing Funston would remain at large. “To be clear, this individual previously served multiple life sentences for extremely heinous crimes,” Gyre stated, emphasizing that recent changes in law have altered how life sentences impact both victims and the community.

Gyre added, “When legal changes pose risks to our communities, it’s crucial to reassess such cases and respond appropriately.” He also noted that the statute of limitations allows them to hold Funston accountable for past crimes.

As a result of the new charges, Funston was not released into the community. Instead, he was handed over to local law enforcement and remains in jail, awaiting his arraignment.

Sacramento District Attorney Tien Ho criticized the Elderly Parole Act, which facilitated Funston’s early release. He described Funston as “the worst of the worst,” a predator who preys on children.

In light of these events, California Republicans have urged Governor Gavin Newsom to take action, expressing dissatisfaction with the parole board’s decisions. Funston’s eligibility for early release was part of the expanded Elderly Parole Program established in 2020, which Newsom signed into law.

The governor’s office did not respond instantly to inquiries about potential future actions concerning this case. Newsom has noted that current laws limit his capacity to intervene in parole board decisions.