David Allen Funston faces new charges hours before scheduled release
David Allen Funston, 64, has been indicted on new charges just hours before his scheduled release under California's elder parole program. This unexpected legal action by prosecutors has prevented a dangerous sex offender from having the opportunity to return to the community.
In 1999, Funston was convicted on 16 counts related to the kidnapping and sexual abuse of children. Case records show the individual lured at least eight children in the Sacramento suburbs, including seven girls and one boy, resulting in three consecutive sentences of 25 years to life, similar to many other serious sex offender cases.
Efforts to block the release of a dangerous criminal
Despite serving a life sentence, the California Board of Parole Hearings recently approved Funston for release because he met the statutory conditions of the elder parole program. In reality, cases where suspects previously released from prison early often cause significant security concerns for local residents. However, Placer County District Attorney Morgan Gire announced the launch of a separate prosecution related to a child sexual assault that occurred in Roseville in 1996.
District Attorney Morgan Gire explained that prosecutors at the time did not proceed with this case because they believed Funston would never have a chance to leave prison. He asserted that the statute of limitations still allows for the case to be prosecuted and that it is the prosecutor's responsibility to protect the community, especially when indicted individuals show signs of recidivism or have not served an adequate sentence.
"This individual received multiple life sentences for particularly heinous crimes. Changing laws and recent parole decisions have altered the practical impact of those sentences on victims and the community."
Instead of being released, Funston was handed over to Placer County law enforcement and remains in custody awaiting trial. Sacramento County District Attorney Thien Ho also spoke out against the "elder parole" program, calling it a prime example of how the law is undermining the promise of justice for victims.
The elder parole program was expanded in 2020 under bill AB 3234 and signed into law by Governor Gavin Newsom. Currently, the Governor's office has not provided an official response regarding the case, while Funston is expected to appear in Placer County court next week to face the latest charges.
