Monster Predator FREED Under Newsom Law Loophole

A self-described “monster” who kidnapped and molested six young children won early parole under a Newsom-era law, igniting fury over public safety and failed justice reforms.

Story Snapshot

David Allen Funston, convicted in 1999 of 16 counts against children aged 4-7, granted elderly parole at age 64 in February 2026.
California’s elderly parole program, allowing release after 20 years for inmates over 50, failed to exclude violent “one strike” sex offenders like Funston.
Victims, prosecutors, law enforcement, and Gov. Gavin Newsom condemned the decision, with Newsom requesting reconsideration despite lacking authority.
Public outcry drives lawmakers to propose reforms barring such predators from early release.

Funston’s Heinous Crimes

David Allen Funston lured six children aged 4 to 7 from Sacramento suburbs in 1995-1996 using candy, toys, and a Barbie doll. He kidnapped them, molested them, and in one case held a knife to a victim’s throat while assaulting her. A judge branded him “the monster parents fear the most.” These acts of extreme violence defined his 16-count conviction in 1999, earning a sentence of 20 years plus three 25-to-life terms, later modified but projecting over 40 years served.

Parole Approval Sparks Outrage

The parole board approved Funston’s release on September 24, 2025, after an initial hearing citing his self-help programs, therapy, remorse, and low risk assessment. Full board confirmation came February 18, 2026, under California’s elderly parole program enacted during Gov. Newsom’s administration. Victims recoiled in horror; one survivor said Funston “shouldn’t be breathing the same air that we’re breathing at all.” The prosecutor who oversaw the case called the decision horrifying.

Monster who raped and impregnated stepdaughter ordered to stay in jail after Newsom law offered early parole https://t.co/ME7vTgQOhv pic.twitter.com/N5PfM0pIY2

— New York Post (@nypost) April 23, 2026

Newsom’s Helpless Response

Gov. Gavin Newsom requested board reconsideration after the February 25, 2026, LA Times report fueled public backlash. His spokesperson stated the governor does not agree with the decision. However, Funston’s attorney, Maya Emig, insisted “the matter is done with respect to the board,” noting no precedent for review. The board commissioner praised Funston’s insight into his “past defects” and coping skills, prioritizing rehabilitation metrics over crime severity.

Newsom lacks authority to override the board, exposing limits in executive power amid sentencing reforms. This dynamic underscores frustrations across political lines: conservatives decry soft-on-crime policies eroding public safety, while even reform advocates question releasing violent predators.

Calls for Reform and Broader Implications

Lawmakers and law enforcement now push legislation to exclude violent sex offenders from elderly parole, critiquing the program’s definition of “elderly” at age 50. Critics highlight how recent changes watered down “one strike” laws, enabling eligibility despite Funston’s record of knife threats and bloody assaults. Victims relive trauma, Sacramento parents fear recidivism, and communities question trust in a justice system prioritizing inmate behavior over lifelong threats.

Short-term, pressure mounts for board review without guaranteed action. Long-term, this case challenges California’s criminal justice reforms, potentially tightening parole nationwide. Both left and right share unease with government failures prioritizing elites over citizen safety and founding principles of justice.