Outrage and political backlash have erupted across California after state parole officials approved the release of David Allen Funston, a convicted serial child rapist serving multiple life sentences, under the state’s controversial elderly parole programme.
Funston, 64, was convicted in 1999 on 16 counts of kidnapping and molesting eight young children in Sacramento-area communities in 1995.
His victims, aged between three and seven, were lured with toys, Barbie dolls and candy before being abducted, assaulted and abandoned in remote locations.
Despite the severity of his crimes and three consecutive life terms, Funston was granted parole after serving 27 years in prison. His release was made possible under California’s elderly parole law, which allows inmates aged 50 or older who have served at least 20 years to seek parole.
The decision has drawn fierce criticism from victims, law enforcement officials and Republican lawmakers, who have described the move as “unconscionable” and dangerous.
Sacramento County Sheriff Jim Cooper expressed anger at the ruling, saying the trauma inflicted on the victims could never be undone.
“The things he did to those children cannot be undone — ever. Victims come first, especially children. This should never have happened,” Cooper said at a press conference.
Republican state senators have also demanded accountability, accusing the administration of enabling a system that allows violent offenders to be released.
State Senate Minority Leader Brian Jones said the governor was attempting to evade responsibility, arguing that the parole system operated under laws approved during his tenure.
Funston’s crimes had shocked California at the time, with prosecutors describing him as a predator who systematically targeted vulnerable children.
What Newsom said
Governor Gavin Newsom opposed the parole board’s decision but said California law prevented him from overturning it. His office said the Board of Parole Hearings is an independent body with the authority to determine parole suitability.
“The Governor asked the Board of Parole Hearings to re-review its decision. The Governor doesn’t agree with the outcome, but he has no power to overturn this case under state law,” spokesperson Diana Crofts-Pelayo said.
Newsom had earlier sent Funston’s case back for reconsideration in January, but the parole board reaffirmed its decision in February, concluding that Funston no longer posed a public safety risk.
The elderly parole programme itself originated from a federal court order aimed at reducing prison overcrowding and recognising the reduced risk posed by aging inmates. Lawmakers later expanded the programme, lowering eligibility to age 50 after 20 years of incarceration.
However, critics argue the law fails to adequately account for the severity of crimes such as child sexual abuse.
Former Sacramento County District Attorney Anne Marie Schubert said Funston’s case demonstrated why exceptions should be made for violent sexual offenders.
“He hunted for young children. He’s exactly the kind of offender who should never be eligible for parole,” she said.
Authorities have not disclosed when or where Funston will be released, citing security concerns.
