Outrage In Sacramento: California Parole Board Grants Release Of Serial Child Rapist

Authored by Debra Heine via American Greatness,

The California Parole Board’s decision to release a serial child molester who used candy and toys to lure children as young as three years old has sparked outrage from victims, prosecutors, and law enforcement officials.

David Allen Funston, 64, was convicted in 1999 of sixteen counts of kidnapping and child molestation after a horrific crime spree in Sacramento County, during which he kidnapped, raped, and beat eight children aged 3 to 7.

The judge described him as “the monster parents fear the most” and sentenced him to three consecutive life terms plus 20 years.

Funston was recently granted parole under California’s Elderly Parole Program, which allows inmates over 50 who have served at least 20 years to be considered for release.

He was initially denied parole in May 2022 but was granted suitability for release in September 2025.

Governor Gavin Newsom (D.) requested a review of the decision and the Board of Parole Hearings reaffirmed it on February 18, 2026.  

Newsom did not override the decision.

Former prosecutor Anne Marie Schubert, who prosecuted Funston in what she called “the worst child predator case I’ve ever seen,” has urged the state to screen him for the Sexually Violent Predator (SVP) program, which would allow civil commitment to a state hospital instead of public release.

“He was hunting for young children,” Schubert, now a victim’s rights advocate, told the Modesto Bee. 

 “It boggles the mind. He’s the poster child for why sex offenders should be exempt from elderly parole.”

Court records at the time showed Funston had a prior sexual assault conviction in Colorado before moving to California. According to authorities, he served time in a Colorado prison for third-degree sexual assault but was never required to register as a sex offender when he relocated to Sacramento County.

“He is a serial predator is what he is,” Deputy District Attorney Hillary Bagley said in 1996 as charges mounted ahead of his 2½ month trial, according to previous Bee reporting. “He is every parent’s worst nightmare.”

Schubert provided graphic details to the Los Angeles Times of a horrible case in 1995,  where Funston used candy to lure a 5-year-old girl into his car, and then took her up into the hills and molested her.

“He beat her. He took her underwear and shoved it down her throat because she was screaming. He then raped her to the point that she has vaginal trauma,” Schubert recalled.

Sacramento County Sheriff Jim Cooper held a press conference Monday and blasted the parole board’s decision to release the dangerous predator back onto the streets.

“He lured them with candy and Barbie dolls. He stole their childhoods. I’ve seen the reports. They’re horrific,” Cooper said.

The sheriff described how Funston kidnapped one little girl in 1995, “viciously” raped her and then drove her to another location where he punched her and kicked her out of the car.

“There’s no explanation. There are some folks who deserve a second chance at life—someone who does these types of things doesn’t deserve a second chance at life,” Cooper said.  “The people of Sacramento and every parent across California, deserve answers.”

The sheriff questioned why California would “be okay” with this releasing an infamous child predator like Funston back onto the streets and said California’s parole program needs to be changed.

Sergeant Rafael Rodriguez, who had worked the case in the 1990s as a detective, said he was “outraged” when he read that the monster he helped put behind bars was about to be released.  Rodriguez told reporters that the entire Sacramento police bureau has not forgotten the appalling Funston case.

The sergeant said he immediately called Sheriff Cooper and said, “we can’t allow this. This is wrong.”

He lamented that while Funston is being released back onto the streets, his victims are serving the life sentences that come with severe trauma.

“Wherever he is going to be released to better watch him,” Rodriguez warned.

During the presser, Undersheriff Mike Ziegler stressed that child molesters like Funston cannot be rehabilitated.

“There are certain crimes that cannot be rehabilitated and this is one of them,” Ziegler said.

Amelia, who was 3-year-old when she was molested by Funston, also spoke during the presser to plead with the state to keep him incarcerated for life.

“I feel that he does not deserve his freedom,” she said. “He does not need to be back in public society. He is a criminal child molester who is dangerous and deserves to spend the rest of his life behind bars,” she added.

The Sacramento Sheriff’s Office provided additional details about the case in a statement on X Monday.

“The Elderly Parole Program was meant for those who no longer pose a danger. In cases like this, it fails. Our number one responsibility is to protect children. That should never be controversial or partisan,” the sheriff’s office stated.  “Protecting children is not rhetoric. It is common sense. Protect children first. Always.”

Funston remains incarcerated at the California Institution for Men in Chino, and the California Department of Corrections and Rehabilitation has not disclosed his release date or location, citing safety and security reasons. Ziegler told reporters however that the likelihood of Funston being released right back into Sacramento was “very high.”