A convicted serial child molester in California, once labeled in court as “the monster parents fear the most,” has been granted elderly parole, opening the possibility of his release decades after committing horrific crimes against children.
David Allen Funston, 64, was convicted in 1999 on 16 counts of kidnapping and child molestation for assaults spanning 1995 and 1996.
Prosecutors detailed how he lured children, some as young as three, with candy and toys and used threats and physical force to carry out sexual assaults.
Court records show that at least eight children testified against him, recounting harrowing experiences, including one who described being held at knife-point and assaulted repeatedly.
Funston received a sentence of 20 years and eight months, along with three consecutive 25-to-life terms.
Despite this extensive incarceration, the California Board of Parole Hearings approved his elderly parole in September, a decision recently upheld by the full board.
Under California’s elderly parole rules, inmates over 50 who have served at least 20 continuous years may be considered for release, with the board weighing potential risks to public safety, the Los Angeles Times reported.
Under a 2021 legislative change signed by Gov. Gavin Newsom (D), California expanded elderly parole eligibility to include inmates age 50 and older who have served at least 20 years—a shift that has made inmates like Funston eligible for review under the state’s Elderly Parole Program.
Critics have called the decision a “Get Out of Jail Free” card for convicted child molesters, pointing to Newsom’s expansion as enabling inmates like Funston to qualify decades after their crimes.
Anne Marie Schubert, former Sacramento County deputy district attorney and the prosecutor who handled Funston’s case, voiced her outrage.
“He shouldn’t be breathing the same air that we’re breathing at all,” she said.
Schubert emphasized that Funston’s predatory history and repeated use of force make him a prime candidate for civil commitment under California’s sexually violent predator (SVP) law.
Funston’s crimes were deliberate and brutal.
In one instance, he lured a five-year-old girl into his car, took her to a house, bathed her, threatened her with a knife, and sexually assaulted her multiple times.
Other victims included a five-year-old boy and two sisters, ages four and five, abducted outside their grandmother’s apartment.
Experts and survivors note that Funston’s sexual attraction to children is considered untreatable, highlighting ongoing concerns for public safety.
Although the parole board approved his release, Funston is not immediately free.
He could be referred for SVP screening, a process that includes clinical evaluations, potential petitions by prosecutors, and court hearings to determine whether civil commitment is appropriate.
Survivors and Schubert have urged that this step be pursued to mitigate the risk he poses.
The decision has reignited outrage among victims and the broader community. One survivor said bluntly, “That man is a monster,” adding that granting parole is “a huge disservice to all Californians” given his history of abuse.
Advocates warn that the ruling could undermine public trust in the justice system and endanger children.
The California Department of Corrections and Rehabilitation has not provided an estimated release date, citing ongoing evaluations.
Funston remains incarcerated at the California Institution for Men in Chino, and his case underscores the ongoing tension between elderly parole provisions and the need to protect communities from high-risk offenders.
This case highlights the broader debate over how parole rules apply to elderly inmates with violent sexual histories.
While the elderly parole system allows for a second look at long-term prisoners, cases like Funston’s demonstrate the challenges of balancing legal eligibility with public safety concerns, particularly when offenders have committed crimes against the most vulnerable members of society.
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