California UNLEASHES Worst Child Predator Ever Prosecuted

California’s parole board has approved the release of a serial child predator who kidnapped and sexually assaulted eight children under age seven, described by prosecutors as the worst child sex offender they’ve ever encountered, while victims and the original prosecutor express outrage and fear for public safety.

Story Snapshot

David Allen Funston, 64, convicted of 16 counts of kidnapping and child molestation, granted elderly parole after 27 years despite receiving three consecutive 25-years-to-life sentences
Governor Newsom referred the case for full board review in January 2026, but the board affirmed the parole decision on February 18, 2026
Former prosecutor Anne Marie Schubert, who later prosecuted the Golden State Killer, called this “the worst child sexual predator case I’ve ever prosecuted, hands down”
All eight victims were under age seven when attacked; Funston used weapons, threats of lethal violence, and deliberate psychological terror tactics
Victims now fear retaliation and question California’s elderly parole program that prioritizes age over offense severity

California’s Dangerous Parole Decision

David Allen Funston terrorized Sacramento suburbs between 1995 and 1996, kidnapping and sexually assaulting eight children, all under age seven. In 1999, he was convicted of 16 counts of kidnapping and child molestation, receiving a sentence of 20 years and eight months plus three consecutive 25-years-to-life terms. His crimes involved graphic violence, weapon threats, and calculated psychological trauma designed to silence his victims. Funston also had a prior sexual assault conviction in Colorado, establishing a documented pattern of predatory behavior before his California rampage.

Elderly Parole Program Overrides Sentence Severity

California’s elderly parole program allows inmates over 50 who have served at least 20 continuous years to become eligible for parole hearings, regardless of their original sentence or crime severity. Funston initially appeared before the Board of Parole Hearings in May 2022 and was denied. However, in September 2025, the board reversed course and granted him parole. This decision prioritizes age and time served over the nature of the crimes committed, a framework that raises fundamental questions about public safety when applied to violent sex offenders with multiple child victims.

Newsom’s Review Failed to Stop Release

Governor Gavin Newsom exercised his discretionary authority in January 2026 to refer Funston’s parole grant to the full parole board for review, suggesting gubernatorial concern about the initial decision. Despite this higher-level scrutiny, the full board affirmed the parole recommendation on February 18, 2026. The California Department of Corrections and Rehabilitation has declined to provide specific release dates or rationale for the decision, citing “safety and security reasons.” Funston remains incarcerated at the California Institution for Men in Chino pending release, but the governor has not exercised his override authority to block the parole.

Prosecutor Seeks Civil Commitment Alternative

Anne Marie Schubert, the prosecutor who convicted Funston and later gained prominence for pioneering DNA evidence use in the Golden State Killer case, has sent a formal letter to the CDCR requesting Sexually Violent Predator screening. She argues that Funston’s crimes demonstrate “predatory intent, multiple victims, use of force, threats of lethal violence, and sexual offenses against prepubescent children,” meeting the legal criteria for civil commitment under California’s SVP Act. This mechanism could potentially prevent Funston’s release to the community by committing him to a state hospital instead, though it remains unclear whether this request has been formally processed.

Victims Express Fear and Frustration

The eight victims, now adults, have publicly opposed Funston’s release. One victim, kidnapped at age four, stated bluntly, “He shouldn’t be breathing the same air that we’re breathing at all,” expressing concern that “he gets out and tries to find his old victims and wants to kill us.” Another victim called the parole decision “a huge disservice to all Californians,” characterizing pedophilia as “an illness that doesn’t go away.” These statements reflect not only the lasting psychological trauma from the original crimes but also legitimate concerns about recidivism and potential retaliation from an offender who used lethal threats to silence children.

Public Safety vs. Criminal Justice Reform

Funston’s case exposes the tension between California’s criminal justice reform objectives and constitutional protections for public safety. The elderly parole program reflects a broader policy shift toward rehabilitation and compassionate release for aging inmates, addressing prison overcrowding and health care costs. However, when applied to serial violent sex offenders with multiple child victims, the program’s one-size-fits-all approach appears fundamentally flawed. Common sense suggests that certain categories of crimes—particularly those involving predatory violence against the most vulnerable—warrant different standards than age-based eligibility criteria designed for lower-risk offenders.