Serial Child Molester Granted Parole, Sparking Outrage

David Allen Funston, convicted of kidnapping and assaulting multiple children in the 1990s, approved for release under California's Elderly Parole Program

Published on Feb. 23, 2026

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In a controversial decision, 64-year-old David Allen Funston, a convicted serial child molester, has been granted parole under California's Elderly Parole Program. Funston was sentenced in 1999 for kidnapping and sexually assaulting at least eight children in the Sacramento area in the mid-1990s. Victims and prosecutors are outraged that he will be released, fearing he still poses a threat to public safety.

Why it matters

This case has ignited fury across California, as many believed Funston would spend the rest of his life behind bars for his heinous crimes against children. The decision to grant him parole under the state's Elderly Parole Program has raised concerns about the program's criteria and whether it adequately protects the public from dangerous offenders.

The details

Funston was convicted in 1999 of kidnapping and sexually assaulting at least eight children, including a 5-year-old immigrant girl, in the Sacramento area in the mid-1990s. He lured the children with toys and candy before abducting and attacking them. Despite being denied parole in 2022, a 2025 hearing ultimately approved his release, which was upheld by the California Department of Corrections and Rehabilitation Board of Parole on February 18th.

  • Funston was arrested in 1996 and sentenced in 1999.
  • He was denied parole in 2022.
  • A 2025 hearing approved his release, which was upheld on February 18, 2026.

The players

David Allen Funston

A 64-year-old convicted serial child molester who has been granted parole under California's Elderly Parole Program, despite promises he would die behind bars.

Anne Marie Schubert

The former Sacramento County District Attorney who prosecuted Funston and has asked officials to prevent his release by placing him in a state hospital under the Sexually Violent Predator Program.

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What they’re saying

“He shouldn't be breathing the same air that we're breathing at all. I disagree with him getting paroled out because he's a horrible person. That man is a monster.”

— One of Funston's victims (Los Angeles Times)

“You became the monster parents fear the most.”

— Judge Jack Sapunor, Sacramento Superior Court (Sacramento Bee)

What’s next

Former District Attorney Anne Marie Schubert has asked officials to prevent Funston's release into the community by placing him in a state hospital under the Sexually Violent Predator Program, which would keep him confined indefinitely.

The takeaway

This case highlights the ongoing debate over the criteria for California's Elderly Parole Program and whether it adequately protects the public from dangerous offenders, even those convicted of the most heinous crimes against children.