Concerns Over Possible Release of Serial Child Molester
California prosecutors and law enforcement are currently engaged in a critical legal struggle aimed at preventing the release of David Allen Funston, a convicted serial child molester whom a judge once labeled “the monster parents fear the most.”
At 64 years old, Funston has been approved for release by California’s Board of Parole Hearings, thanks to the state’s Elderly Parole Program. This decision has sparked significant backlash from victims’ advocates and local officials who argue that age alone does not lessen the threat he poses to society.
The Elderly Parole Program was introduced to alleviate prison overcrowding. It allows inmates who are 50 or older and have served at least 20 years of their sentences to be considered for early release.
Funston’s criminal background is deeply troubling, including a history of predatory actions over several decades. A Sacramento County jury found him guilty of 16 felony charges related to multiple abductions involving children under seven years old. He received a life sentence for a series of horrific sexual assaults against children in Orange County, too.
During his sentencing in the 1990s, the judge highlighted the calculated nature of Funston’s crimes, emphasizing that he represented an ultimate nightmare for parents. Psychologists have identified his actions as deeply rooted behavioral patterns.
Some argue that aging out of crime is a proven phenomenon and that older offenders are less likely to reoffend. However, prosecutors maintain that this law creates a risky one-size-fits-all loophole. They claim that dangerous sex offenders, especially those like Funston, don’t follow the typical trend of aging out of violent behavior.
In response, local district attorneys have filed emergency petitions to prevent Funston’s release. They point to his lack of remorse and high-risk assessment scores as key factors.
The California Department of Corrections and Rehabilitation (CDCR) confirmed that Funston was deemed suitable for parole by the Board on September 26, 2025. On January 12, 2026, Governor Gavin Newsom directed the case back to the Board for further scrutiny. By February 18, 2026, the board upheld its earlier decision, recommending parole for Funston.
Currently, the CDCR is reviewing this ruling amid formal objections. Furthermore, the Governor’s office has the authority to reassess parole grants for certain life sentences.
Law enforcement agencies in potential communities for Funston’s relocation have expressed “grave concerns” about their capability to monitor him effectively, given his past offenses.
“He’s definitely a danger to the community and he hasn’t been rehabilitated,” noted Sacramento County Sheriff Jim Cooper. “It’s ironic—the parole board reviewed the same reports I did. How did they reach a different conclusion?”
Sacramento County District Attorney Thien Ho also criticized the parole decision, categorizing Funston as “the worst of the worst” and warning that he is likely to reoffend.
“This is a child predator who lures, grabs, kidnaps, and assaults children. He’s a ticking time bomb,” Ho stated. “We strongly opposed releasing this violent predator. This showcases how elder parole is a flawed law leading to broken promises and lives.”
Officials plan to ask for a review of the decision by the CDCR, as well as intervention from the Governor’s office to halt Funston’s release.
