The elderly parole decision allowing convicted child molester David Allen Funston to move toward release has sparked fierce opposition from law enforcement and prosecutors. The elderly parole ruling, handed down by California’s Board of Parole Hearings, applies to the 64-year-old inmate serving multiple life sentences for abducting and assaulting children younger than 7.
Funston was convicted in 1999 of 16 felony counts in Sacramento County. He received more than 20 years in prison, plus three consecutive terms of 25 years to life. After serving more than two decades, he became eligible under California’s Elderly Parole Program. The California Department of Corrections and Rehabilitation confirmed he was granted parole suitability on Sept. 26, 2025. On Jan. 12, 2026, Gov. Gavin Newsom referred the case back for further review. On Feb. 18, 2026, the board reaffirmed its recommendation for parole.
Sacramento County Sheriff Jim Cooper strongly objected. “He’s a definite danger to the community, and he’s not rehabilitated,” Cooper said. He added, “What’s ironic is the parole board read the same reports that I’m reading. How the hell did they come to that conclusion versus what I came to?” Cooper rejected the idea that age ensures safety. “Fifty is not old,” he said. When asked about disqualifying crimes, Cooper responded, “Crimes and violence, anything of a sexual nature, 100%.”
Sacramento County District Attorney Thien Ho called Funston “the worst of the worst – a child predator who lures, grabs, kidnaps and assaults children.” Ho warned, “He will reoffend and is a ticking time bomb.” Prosecutors plan to seek further review and intervention to block release.
Funston remains incarcerated at the California Institution for Men in Chino.
