California’s adult parole system is under fire after a violent child victim was almost set free
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A convicted child rapist who admitted he was still attracted to teenage girls pleaded not guilty Monday to a new charge of child sexual abuse — as California Republicans stepped up pressure on Gov. Gavin Newsom on the parole board that almost freed him.
David Allen Funston, 64, pleaded not guilty Monday in Placer County Superior Court to a charge of molesting a child under the age of 14 in connection with a 1996 case in Roseville. The judge set the next court date for April 6. He has been held without bail since Feb. 26 after his lawyer withdrew the request for bail to be considered.
Funston was scheduled for release under California’s Elderly Parole program, which allows certain inmates to seek parole when they turn 50 and have served at least 20 consecutive years in prison.
Now, Republicans say his case exposes major flaws in the system.
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David Allen Funston appeared in Placer County Superior Court after prosecutors filed new charges of child sexual abuse, suspending his release under California’s adult parole system. (Fox40)
California Senate Minerals Leader Brian Jones announced legislation to strengthen the senior amnesty law after the board approved Funston’s release.
“Celebrating 50 years does not mean that violent criminals are no longer a threat to society, but it is the way this broken amnesty system treats them,” said Jones. “If they are going to let monsters like this out of prison early, despite the fact that there are no signs of real rehabilitation and their long sentences have actually been served, we have a duty to act.”
Jones’ bill would raise the minimum age of eligibility from 50 to 60 and increase the required time from 20 to 25.
“The Parole Board has proven time and time again that it is incapable of doing things in the best interest of the people of California,” Jones said. “It is painfully obvious that the legislature must intervene.”
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David Allen Funston sits in court as he faces new charges of child sexual abuse after a dispute over his release under California’s parole law. (Fox40)
At the same time, the California Republican Party launched a petition calling for Newsom to replace the members of the Parole Hearing Board, all of whom are appointed by the governor.
“Violent child abusers need to stay in our correctional facilities, not get a second chance while victims get life in prison,” said California GOP Chairwoman Corrin Rankin at a news conference at the State Capitol.
“California families are tired of Governor Newsom’s policies on crime that prioritize criminals over victims,” he added, saying the board’s decisions almost allowed “monsters like child abuser David Allen Funston” to walk free.
Suzette Martinez Valladares said learning about Funston’s parole “made me sick to my stomach.”
“If the governor can sign laws with loopholes and appoint people who make amnesty decisions, it is his duty to intervene and correct this big mistake,” he said.
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David Allen Funston appeared in Placer County Superior Court Monday after pleading not guilty to a new charge of child sexual abuse that stalled his release under California’s adult parole system. (Fox40)
A spokesperson for Newsom told Fox News Digital that the governor sent the case back to the Parole Hearing Board for review to assess merit and risk to public safety.
The minister’s office said eligibility for parole is determined by state law and sentencing decisions, while the parole board assesses whether an inmate poses a significant risk before release. The administration also pointed to data showing that parole is granted at a low percentage of hearings and that parolees historically have low recidivism rates.
Funston was serving a life sentence in 1995 for kidnapping, raping and sexually abusing eight children in the Sacramento area.
The California Board of Parole Hearings approved his release despite his disturbing admissions during multiple hearings, including his admission that he is still attracted to women’s children.
At the September 2025 hearing, Funston admitted that he was still attracted to women’s children.
Mugshot of David Allen Funston, a Sacramento County juvenile delinquent convicted in 1999 of multiple counts of kidnapping and child molestation. Funston was granted parole eligibility under California’s Elderly Parole program after serving more than two decades in prison. (X/@sacsheriff)
“Are you still attracted to women’s children?” asked the parole commissioner.
“Yes,” Funston replied.
He also admitted to having dreams in 2021 about an 8-year-old girl and previously told commissioners he targeted children because they were “vulnerable and available” and because he enjoyed power and control.
Despite those statements, the commissioners praised his “appetite control program” and voted to grant amnesty. Gov. Gavin Newsom later ordered a full board review, but in February the panel reaffirmed its decision.
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The decision sparked outrage from victims and law enforcement across the Sacramento region.
One of Funston’s victims, identified as Amelia, said she was “disgusted” when she found out she had been released.
“It pisses me off that they don’t believe anything he says,” said Amelia “Ingraham Angle.” “I don’t believe people like this change.”
Amelia said the abuse had long-lasting effects, including permanent trauma and difficulty conceiving a child.
“I would like to have a child, and here is this man who took it from me. And I feel like, personally, that’s very painful,” he said. “I’m hurt, I don’t trust anyone, I don’t trust anything.”
He also expressed fear for younger relatives if Funston were to return to the Sacramento area.
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“If he comes out, who knows what he will do again?” Amelia said. “I was told that she still dreams of children… why would you let this man go? If he comes out, how do you know if he will continue?”
Funston told the parole board he was “disgusted and ashamed” of his past behavior and was “deeply sorry” for the damage he had caused. Amelia rejected that apology.
His imminent release has also been heavily criticized by Sacramento County Sheriff Jim Cooper and District Attorney Thien Ho, who have warned that he remains a danger to the community and called for intervention to stop his release.
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Cooper previously told Fox News Digital that he reviewed the original case reports and victim statements and questioned how the parole board could reach a different conclusion.
“The strange thing is that the parole board read the reports that I read,” said Cooper. “How did they come to that conclusion versus what I came to?”
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Sacramento County Attorney Thien Ho echoed those concerns, warning Funston remains a serious threat.
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A convicted California child molester who was granted parole and was set to be released this week has instead been turned over to law enforcement after Placer County issued an arrest warrant and filed additional charges. David Allen Funston, 64, was sentenced in 1999 to life in prison with the possibility of parole for charges including kidnapping and lewd acts involving children under 14. (Placer County, Calif. Jail)
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“This defendant is the worst of all – a criminal who lures children, captures, kidnaps and attacks children. He will retaliate and is a time bomb,” Ho told Fox News Digital. “We strongly oppose the release of this extremely violent criminal. This is another example that highlights how amnesty for the elderly is a broken law that leads to broken promises and broken lives.”
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After learning Funston was about to be released, prosecutors flagged a 1996 molestation case in neighboring Placer that was still under California’s child sex offender statute of limitations. Authorities issued a new arrest warrant, halting his release.
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For now, Funston remains in jail as the new case moves forward. If convicted, he faces an additional eight years in prison.
Fox News’ Bill Melugin, Taylor Penley and Louis Casiano contributed to this report.
Stepheny Price covers crime, including missing persons, homicide and immigration crime. Send news tips to stepheny.price@fox.com.
