David Allen Funston was convicted of kidnapping and sexually assaulting multiple children younger than 7 in the 1990s
Video Sheriff condemns California parole decision in violent child predator case Sacramento County Sheriff Jim Cooper tells Fox News Digital the convicted child predator cleared under California’s elderly parole program is ‘a definite danger to the community’ and questions how the parole board reached its decision.
A California child molester once described by a judge as "the monster parents fear the most" has been cleared for release under the state’s elderly parole program — a decision local law enforcement says puts communities at risk and prosecutors are now scrambling to stop.
David Allen Funston, 64, was sentenced in 1999 after a Sacramento County jury found him guilty of 16 felony counts tied to a series of abductions involving children younger than 7.
Funston received more than 20 years in prison plus three consecutive terms of 25 years to life. After serving more than two decades behind bars, he became eligible for consideration under California’s Elderly Parole Program.
The California Department of Corrections and Rehabilitation (CDCR) confirmed to Fox News Digital that Funston was granted parole suitability by the Board of Parole Hearings on Sept. 26, 2025.
David Allen Funston, a Sacramento County child predator convicted in 1999 of multiple counts of kidnapping and child molestation. Funston was granted parole suitability under California’s Elderly Parole Program after serving more than two decades in prison. (X/@sacsheriff)
CDCR said that on Jan. 12, 2026, Gov. Gavin Newsom referred the case back to the Board of Parole Hearings for further review by a majority of appointed commissioners. At a Feb. 18, 2026 meeting, the board panel reaffirmed its decision, recommending that Funston receive parole.
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Sacramento County Sheriff Jim Cooper said that determination is wrong.
"He’s a definite danger to the community, and he’s not rehabilitated," Cooper told Fox News Digital.
Cooper said he personally reviewed the original case reports and victim statements and questioned how the parole board could reach a different conclusion.
"What’s ironic is the parole board read the same reports that I’m reading," Cooper said. "How the hell did they come to that conclusion versus what I came to?"
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A guard walks outside the California Institution for Men in Chino, a state prison facility. (Ann Johansson/Corbis via Getty Images)
The detailed testimony from young victims, Cooper added, helped "put this monster away."
He also pushed back on the premise that turning 50 automatically makes someone safe to release.
"Fifty is not old," Cooper said. "We know a lot of 50-year-olds. Everyone does."
Cooper noted that many people in their 50s and 60s are still working and active, underscoring that someone released at 64 is not necessarily frail or incapacitated and could be fully functioning in the community.
When asked whether certain crimes should automatically disqualify someone from elderly parole consideration, Cooper was direct.
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"Crimes and violence, anything of a sexual nature, 100%."
Sacramento County District Attorney Thien Ho sharply criticized the decision in a statement sent to Fox News Digital.
"This defendant is the worst of the worst – a child predator who lures, grabs, kidnaps, and assaults children. He will reoffend and is a ticking time bomb," Ho said. "We vehemently opposed the early release of this extremely violent predator. This is yet another example that highlights how elder parole is a broken law that results in broken promises and broken lives."
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