A California man convicted of kidnapping and molesting eight children in the 1990s was rearrested on new charges on Thursday (February 26) — the very day he was scheduled to walk free from state prison.
David Allen Funston, 64, had been granted parole under California’s elderly parole program, triggering fierce backlash from victims, law enforcement officials, and lawmakers. According to the Placer County district attorney’s office, Funston was taken back into custody on charges stemming from a 1996 case in which he is accused of sexually assaulting a child in Roseville, California.
Sacramento County Sheriff Jim Cooper had been among the loudest voices opposing Funston’s release. At a press conference earlier this week, Cooper described Funston as someone who targeted seven girls and one boy between the ages of three and seven in the Sacramento area in 1995 and 1996, luring them with candy, Barbie dolls, and toys before assaulting them. Funston was convicted of 16 counts of kidnapping and child molestation, and sentenced to 20 years and 8 months in prison, plus three consecutive terms of 25 years to life.
“A judge in Sacramento described him as the monster parents fear most, yet today the parole board decided he is suitable for release,” Cooper said. “What in the hell is going on in California? What is happening in our state? This cannot happen. It’s not OK.”
The parole board granted Funston parole at a suitability hearing on September 24, 2025, with that decision upheld on Wednesday (February 18). Under California’s elderly parole program, inmates may be eligible for release as early as age 50 after serving 20 years. Funston’s scheduled release drew swift criticism from officials who noted he had served less than a third of his total sentence.
“This monster was sentenced to almost a little over 90 years. He’s done less than a third of that, and he’s going to be on the streets,” said Undersheriff Mike Ziegler.
Retired Detective Rafael Rodriguez, who worked the original case, said he was outraged when he read the news. “The victims here, they got a life sentence,” he said.
A woman who identified herself as Amelia, one of Funston’s victims, also spoke at the press conference. “This man has took innocence from myself and others,” she said. “He is a criminal child molester, dangerous and deserves to spend the rest of his life behind bars.”
Cooper said he has requested that state officials evaluate Funston under California’s Sexually Violent Predator process. The California Department of State Hospitals oversees that program, which allows certain offenders to be civilly committed to a state hospital following their prison release. The department declined to comment on Funston specifically, citing federal and state patient privacy laws.
With Funston now back in custody on the new Placer County charges, it remains unclear when — or whether — he could again be considered for release.
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