OAN Staff Brooke Mallory
3:15 PM – Thursday, February 26, 2026
California prosecutors and law enforcement officials are locked in a high-stakes legal battle to prevent the release of David Allen Funston, a convicted serial child molester once branded by a judge as “the monster parents fear the most.”
Funston, now 64, was cleared for release by California’s Board of Parole Hearings under the state’s Elderly Parole Program. The decision has since ignited a firestorm of criticism from victims’ advocates and local authorities who maintain that his chronological age does not mitigate the extreme danger he poses to the public.
California’s Elderly Parole Program was designed to “reduce prison overcrowding” by allowing inmates aged 50 or older who have served 20 years of their sentence to be considered for early release.
Funston’s criminal record is a harrowing catalog of predatory behavior spanning decades, with a Sacramento County jury previously finding him guilty of “16 felony counts for a series of abductions involving children younger than 7.” He was sentenced to life in prison following a string of brutal sexual assaults against children in Orange County as well.
During his 1990s sentencing, the presiding judge noted the calculated and repetitive nature of Funston’s crimes, stating that he embodied the ultimate nightmare for any parent. Funston’s offenses were identified by psychologists as deeply ingrained behavioral patterns.
Proponents argue that “aging out” of crime is a documented phenomenon and that elderly inmates are “less likely” to recidivate, though prosecutors argue the law creates a dangerous “one-size-fits-all” loophole. They further contend that dangerous sex offenders, particularly those with Funston’s history, do not follow the standard “aging out” trajectory of violent offenders.
Local district attorneys have since filed emergency petitions to halt the release, citing Funston’s lack of remorse and high scores on risk assessment evaluations.
The California Department of Corrections and Rehabilitation (CDCR) confirmed to Fox News Digital that Funston was granted parole suitability by the Board of Parole Hearings on September 26, 2025. The agency also noted that on January 12, 2026, Governor Gavin Newsom (D-Calif.) referred the case back to the Board of Parole Hearings for further review by a majority of appointed commissioners. At a February 18, 2026, meeting, the board panel reaffirmed its decision, recommending that Funston receive parole, Fox News reported.
The CDCR is currently reviewing the Board’s decision following the formal objections. The Governor’s office also has the power to review the parole grant for certain life sentences.
Meanwhile, law enforcement agencies in the communities where Funston could be relocated have expressed “grave concerns” regarding their ability to monitor him effectively, given the nature of his past crimes.
“He’s a definite danger to the community, and he’s not rehabilitated,” Sacramento County Sheriff Jim Cooper told the press. “What’s ironic is the parole board read the same reports that I’m reading,” Cooper said. “How the hell did they come to that conclusion versus what I came to?”
Sacramento County District Attorney Thien Ho similarly criticized the decision in a later statement.
“This defendant is the worst of the worst – a child predator who lures, grabs, kidnaps and assaults children. He will reoffend and is a ticking time bomb,” Ho said. “We vehemently opposed the early release of this extremely violent predator. This is yet another example that highlights how elder parole is a broken law that results in broken promises and broken lives.”
“We appeared during the lifer hearing and strenuously objected to this inmate’s early release. The SVP statute does not apply to this defendant, however, we will be requesting a review of this decision by CDCR, as well as an SVP referral along with intervention by the Governor’s office to stop this predator’s release.”
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