Notorious Pedophile Hit with New Charges Before Release

David Allen Funston faced new charges just hours before he was set to be released from prison under California's elder parole law.

Published on Feb. 27, 2026

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A 64-year-old convicted pedophile named David Allen Funston was slapped with new charges just hours before he was set to be released from prison under California's elder parole law. Funston was previously sentenced to three consecutive 25-years-to-life sentences for kidnapping and molesting at least 8 children in the Sacramento area. However, due to changes in state law, the parole board had authorized his early release. But prosecutors in Placer County decided to pursue a separate prosecution against Funston for an alleged child sexual assault that happened in 1996, which they had previously decided not to pursue.

Why it matters

This case highlights the ongoing debate around California's elder parole law, which has allowed some violent offenders to be released early from prison. Critics argue the law puts communities at risk, while supporters say it provides a pathway for rehabilitation. The new charges against Funston, just before his scheduled release, underscore the complex issues surrounding parole decisions for high-profile, repeat offenders.

The details

Funston was found guilty in 1999 of 16 counts of kidnapping and child molestation, for crimes involving at least 8 children in the Sacramento area. He was sentenced to three consecutive 25-years-to-life sentences. However, due to California's elder parole program, the parole board had authorized his early release on Thursday, since he met the age and time-served requirements. But just hours before his scheduled release, prosecutors in Placer County filed new charges against Funston for an alleged child sexual assault that occurred in 1996. They said they had previously decided not to pursue those charges, believing Funston was going away for life.

  • Funston was found guilty in 1999 of 16 counts of kidnapping and child molestation.
  • Funston was sentenced to three consecutive 25-years-to-life sentences.
  • The parole board authorized Funston's early release on Thursday, February 27, 2026.
  • Just hours before Funston's scheduled release, new charges were filed against him in Placer County.

The players

David Allen Funston

A 64-year-old convicted pedophile who kidnapped and molested at least 8 children in the Sacramento area and was previously sentenced to three consecutive 25-years-to-life sentences.

Morgan Gire

The Placer County District Attorney who decided to pursue a separate prosecution against Funston for an alleged child sexual assault that happened in 1996.

Thien Ho

The Sacramento District Attorney who blasted the elder parole law that allowed for Funston's early release, calling him "the worst of the worst - a child predator".

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What they’re saying

“To be clear, this individual was previously sentenced to multiple life terms for extremely heinous crimes. However, subsequent changes in state law and recent parole board failures have altered the practical effect of those life sentences for the victims and communities at large.”

— Morgan Gire, Placer County District Attorney (CBS News)

“This defendant is the worst of the worst – a child predator who lures, grabs, kidnaps, and assaults children... This is yet another example that highlights how elder parole is a broken law that results in broken promises and broken lives.”

— Thien Ho, Sacramento District Attorney (The Post)

What’s next

Funston is due back in court in Placer County next week for arraignment on the new charges.

The takeaway

This case underscores the ongoing debate around California's elder parole law, which has allowed some violent offenders to be released early from prison. The new charges against Funston, just before his scheduled release, highlight the complex issues surrounding parole decisions for high-profile, repeat offenders and the need to balance public safety with rehabilitation efforts.