Inmate Convicted of Multiple Child Molestations Granted Parole Under Elderly Program
David Allen Funston, a 64-year-old inmate serving a lengthy sentence for child molestation, has been granted parole under California's elderly parole program. The decision, upheld in a review by the full Board of Parole Hearings, follows an initial denial in May 2022. The case has drawn statements from victims and the former prosecutor, who have expressed opposition to the release.
Case Background and Conviction
David Allen Funston was convicted in 1999 on 16 counts of kidnapping and child molestation. The charges involved eight children, all under the age of 7.
- The crimes occurred in 1995 and 1996 in Sacramento suburbs.
- According to prosecutors, Funston approached children playing outside their homes, using candy, toys, or dolls to lure them into his vehicle.
- DNA evidence was used in the prosecution related to one victim.
- Prior to these offenses, Funston had a previous conviction for sexually assaulting a woman in Colorado.
Following his 1999 conviction, Funston was sentenced to 20 years and 8 months in prison, plus three consecutive sentences of 25 years to life. He is currently incarcerated at the California Institution for Men in Chino.
Parole Decision and Program Criteria
Funston was granted parole at a hearing in September, after being denied at a prior hearing in May 2022. The decision was subsequently reviewed and upheld by the full parole board.
The release falls under California's elderly parole program, which establishes criteria for parole suitability hearings.
- Inmates are generally eligible if they are over 50 years old and have served at least 20 continuous years of their sentence.
- A grant of parole requires the board to determine the inmate does not pose an unreasonable risk to public safety.
The California Department of Corrections and Rehabilitation (CDCR) did not respond to requests for comment regarding Funston's estimated release date or the specific rationale for the parole board's decision.
Statements and Official Response
The parole decision has prompted reactions from individuals connected to the case.
- One victim, who was 4 years old at the time of the assault, stated, "I disagree with him getting paroled out because he's a horrible person."
- Another victim said she believes granting parole is "a huge disservice to all Californians."
- Former Sacramento County District Attorney Anne Marie Schubert, who prosecuted the case, described it as "the worst child sexual predator [case] I've ever prosecuted." She added, "A lot of people get out of prison and I don't scream about it, but this is one I'm screaming about."
In response to the parole grant, Schubert sent a letter to the CDCR asking that Funston be referred for screening as a sexually violent predator. Under that state program, offenders deemed eligible for release can be referred for civil commitment to a state hospital instead of being released to the community.