A 64-year-old convicted child predator serving three life sentences for kidnapping and child molestation was on the verge of walking free from a California prison this week after being granted parole under the state's "Elderly Parole Program."

David Allen Funston, convicted in 1999 of kidnapping and molesting multiple children, was scheduled for release by week's end, but the Placer County District Attorney's Office intervened at the last moment by refiling charges tied to a 1996 case in Roseville, resulting in his transfer to a Placer County jail instead of his freedom.

The case has ignited fierce criticism from law enforcement officials and political figures who argue California's parole laws are endangering communities by allowing violent offenders to secure early release. Former prosecutors and Republican leaders have pointed to the episode as evidence of systemic failures in the state's approach to criminal justice.

How the Elderly Parole Program Enabled His Release

Funston was convicted more than two decades ago for kidnapping and molesting multiple victims. A court sentenced him to three concurrent life terms in prison in 1999. For years, his case appeared settled — until California's parole framework opened a path to freedom.

Under the state's Elderly Parole Program, incarcerated individuals become eligible for parole consideration once they reach the age of 50 and have served at least 20 consecutive years behind bars, Breitbart reports. Funston met both criteria, and on Tuesday, a parole board determined he was suitable for release from California Department of Corrections and Rehabilitation custody.

Critics have noted that Funston is not yet 65 years old, yet the program considers inmates "elderly" at an age 15 years below that threshold. He was scheduled to leave CDCR custody before the end of this week. That timeline alarmed law enforcement officials and victims who believed he remained a threat.

Placer County District Attorney Steps In With Old Charges

Before Funston could be freed, the Placer County District Attorney's Office obtained an arrest warrant connected to a separate alleged crime. Authorities say Funston was also accused of kidnapping and molesting a child in Roseville in 1996, but he was apparently never prosecuted for those offenses. Prosecutors determined the case still fell within the state's statute of limitations.

The Placer County DA refiled charges stemming from that 1996 incident. The California Department of Corrections and Rehabilitation confirmed Funston was transferred to law enforcement authorities at the Placer County lockup under the new warrant. His release from state prison was effectively blocked.

Former Sacramento District Attorney Ann Marie Schubert, who helped secure Funston's original conviction more than 20 years ago, praised the intervention on social media. "God bless Placer County DA for charging David Funston for crimes committed by this serial child predator," Schubert wrote.

"Let's remember that @CAgovernor signed the law allowing this to happen. But Placer DA stepped in to stop this insanity," she added. Current Sacramento County law enforcement authorities also weighed in, saying they still considered Funston a danger to the community.

Political Fallout and Criticism of Governor Newsom

California Republican Chair Corrin Rankin condemned the situation, arguing the warrant exposed deeper flaws rather than resolving them. "This last-minute warrant doesn't fix the problem — it exposes it," Rankin said. "California Democrats, led by Gavin Newsom, built a parole system that was ready and willing to release a violent child predator back into our community."

Rankin continued her criticism of the governor and the legislature. "Newsom signed the laws that created these loopholes, appointed the people who uphold them, and the Democratic majority in the legislature continues to prioritize the well-being of criminals over victims," she said. Her remarks reflect growing frustration among conservatives over California's approach to sentencing and parole.

During his parole hearing, Funston reportedly told the board he was "disgusted and ashamed" of his crimes and expressed regret for the harm he had caused. However, one of his victims directly challenged the sincerity of those words. The victim, identified only as Amelia, appeared in connection with a segment on Fox News host Laura Ingraham's program earlier this week.

A Victim Speaks Out About Lasting Harm

"I'm disgusted with the fact that they would even believe anything that he would happen to say. I don't believe that people like that change," Amelia said. She described being stunned by the parole board's decision to grant Funston release. The abuse, she said, left permanent scars on her life.

"I would love to have a child, and this is what this man took from me. And I feel like, personally, that's very hurtful," Amelia said, revealing she has experienced difficulty conceiving as a consequence of the abuse. "I have trauma. I don't trust anybody. I don't trust anything," she added.

Lessons to Learn

1. Victims and their families should stay informed about parole proceedings involving their offenders. California law provides notification rights, and attending or submitting statements to parole hearings can influence outcomes. Awareness of programs like the Elderly Parole Program is essential so victims are not caught off guard by potential releases.

2. Communities benefit when district attorneys remain vigilant about unresolved cases. The Placer County DA's decision to refile decades-old charges demonstrates that justice can still be pursued long after an offense occurs. Citizens can support these efforts by advocating for adequate resources for prosecutors and law enforcement.

3. Parents and caregivers should maintain open communication with children about personal safety and boundaries. Predators often target vulnerable individuals, and education remains one of the strongest protective tools available. However, it is critical to remember that crime can happen to anyone regardless of precautions, and the blame always rests solely with the perpetrator — never the victim.

Why This Story Matters

This case raises urgent questions about whether California's parole system adequately weighs public safety against rehabilitation goals when considering the release of violent offenders convicted of crimes against children. The fact that a last-minute arrest warrant from a separate county was the only mechanism preventing a convicted child predator's return to the community suggests the existing parole framework may contain significant gaps. For victims like Amelia, whose lives were permanently altered, and for families across the state, this story underscores the need for continued scrutiny of laws that govern when and how dangerous offenders become eligible for freedom.

David Allen Funston, a 64-year-old man convicted in 1999 of kidnapping and child molestation involving multiple victims, was serving three life sentences when the state's Elderly Parole Program granted him release this week. Before he could walk free, the Placer County District Attorney's Office refiled charges from a 1996 Roseville case that had never been prosecuted, and Funston was transferred to a Placer County jail. Former DA Ann Marie Schubert and California Republican Chair Corrin Rankin criticized Gov. Gavin Newsom and the parole laws he signed. Meanwhile, a victim named Amelia described enduring lasting trauma and questioned the parole board's willingness to accept Funston's claims of remorse.