A decision to grant parole to a convicted child predator has ignited fierce opposition from law enforcement, prosecutors, and survivors, who warn the ruling could put the public at risk.
According to Fox News, David Allen Funston, 64, was convicted in 1999 after a Sacramento County jury found him guilty of 16 felony counts tied to a series of abductions involving children younger than 7.Â
A judge at the time described him as “the monster parents fear the most.”
He was sentenced to more than 20 years in prison plus three consecutive terms of 25 years to life. After serving over two decades, he became eligible for review under California’s Elderly Parole Program.
The California Department of Corrections and Rehabilitation confirmed that the Board of Parole Hearings found Funston suitable for parole on Sept. 26, 2025.
Gov. Gavin Newsom later referred the case back for additional review. On Feb. 18, 2026, a panel of commissioners reaffirmed the decision and again recommended his release.
Sacramento County Sheriff Jim Cooper said the outcome defies the record.
“He’s a definite danger to the community, and he’s not rehabilitated,” Cooper said.
Cooper said he personally reviewed the original case files and victim statements and could not reconcile them with the board’s conclusion.
“What’s ironic is the parole board read the same reports that I’m reading,” he said. “How the hell did they come to that conclusion versus what I came to?”
He also rejected the notion that age alone reduces risk.
“Fifty is not old,” Cooper said. “We know a lot of 50-year-olds. Everyone does.”
When asked whether certain crimes should automatically disqualify someone from elderly parole, Cooper responded, “Crimes and violence, anything of a sexual nature, 100%.”
Sacramento County District Attorney Thien Ho also condemned the ruling.
“This defendant is the worst of the worst – a child predator who lures, grabs, kidnaps and assaults children. He will reoffend and is a ticking time bomb,” Ho said. “We vehemently opposed the early release of this extremely violent predator. This is yet another example that highlights how elder parole is a broken law that results in broken promises and broken lives.”
Ho said prosecutors “strenuously objected” at the hearing and are seeking further review, including a referral under the state’s Sexually Violent Predator law.
Some survivors have also spoken out.
“He shouldn’t be breathing the same air that we’re breathing,” one victim abducted at age 4 told the Los Angeles Times, calling him “a monster.”
Former Sacramento County District Attorney Anne Marie Schubert, who prosecuted the case, described it as the worst child sexual predator case she handled and has asked for a civil commitment review.
Funston remains incarcerated at the California Institution for Men in Chino. A release date and location have not been announced.
