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A convicted child predator who admitted he is still sexually attracted to young girls pleaded not guilty Monday to a new child sex abuse charge — as California Republicans escalate pressure on Gov. Gavin Newsom over the parole board that nearly set him free.
David Allen Funston, 64, pleaded not guilty Monday in Placer County Superior Court to a felony charge alleging lewd or lascivious acts with a child under 14 tied to a 1996 case in Roseville. A judge set his next court date for April 6. He has been held without bail since Feb. 26 after his attorney withdrew a request to have bail considered.
Funston had been scheduled for release under California’s Elderly Parole Program, which allows certain inmates to seek parole once they turn 50 and have served at least 20 consecutive years in prison.
Now, state Republicans say his case exposes serious flaws in the system.
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David Allen Funston appears in Placer County Superior Court after prosecutors filed new child sex abuse charges, halting his release under California’s elderly parole program. (Fox40)
California Senate Minority Leader Brian Jones announced legislation to tighten the elderly parole law after the board approved Funston’s release.
“Turning 50 does not mean violent criminals no longer pose a threat to the public, but that’s how this broken system of elderly parole treats them,” Jones said. “If they’re going to let monsters like this out of prison early, despite no signs of true rehabilitation and little of their lengthy sentences actually served, then we have a duty to act.”
Jones’ bill would raise the minimum age for eligibility from 50 to 60 and increase the required time served from 20 years to 25.
“The Parole Board has proven time and again it is incapable of acting in the best interest of Californians,” Jones said. “It’s painfully clear that the legislature needs to intervene.”
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David Allen Funston sits in court during his arraignment on new child sex abuse charges after controversy over his pending release under California’s elderly parole law. (Fox40)
At the same time, the California Republican Party launched a petition demanding that Newsom replace members of the Board of Parole Hearings, all of whom were appointed by the governor.
“Violent child predators need to stay in our correctional facilities, not get a second chance while victims get a life sentence,” California GOP Chairwoman Corrin Rankin said during a press conference at the State Capitol.
“California families are fed up with Governor Newsom’s soft-on-crime policies that prioritize criminals over victims,” she added, arguing that the board’s decisions nearly allowed “monsters like serial child predator David Allen Funston” to walk free.
State Sen. Suzette Martinez Valladares said learning of Funston’s parole “made me sick to my stomach.”
“If the governor can sign laws with loopholes and appoint the people who make parole decisions, then it’s his responsibility to step in and right this egregious wrong,” she said.
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David Allen Funston appears in Placer County Superior Court on Monday after pleading not guilty to a new child sex abuse charge that stopped his release under California’s elderly parole program. (Fox40)
A spokesperson for Newsom told Fox News Digital the governor referred the case back to the Board of Parole Hearings for further review to assess suitability and public safety risk.
The governor’s office said parole eligibility is determined by state law and sentencing decisions, while the parole board evaluates whether an inmate poses an unreasonable risk before release. The administration also pointed to data showing parole is granted in a small percentage of hearings and that individuals released through elderly parole historically have low recidivism rates.
Funston was originally serving a life sentence for the 1995 kidnappings, rapes and sexual assaults of eight Sacramento-area children.
The California Board of Parole Hearings approved his release despite disturbing admissions during multiple hearings, including his acknowledgment that he remains attracted to female children.
In a September 2025 hearing, Funston acknowledged he is still sexually attracted to female children.
Mugshot of 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)
“Are you still attracted to female children?” a parole commissioner asked.
“Yes,” Funston replied.
He also admitted to having fantasies as recently as 2021 about an 8-year-old girl and previously told commissioners he targeted children because they were “vulnerable and available” and because he enjoyed the power and control.
Despite those statements, commissioners praised his “urge control plan” and voted to grant parole. Gov. Gavin Newsom later ordered a full board review, but in February the panel reaffirmed its decision.
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The ruling sparked outrage from victims and law enforcement officials across the Sacramento region.
One of Funston’s victims, identified as Amelia, said she was “disgusted” when she learned he had been approved for release.
“I’m disgusted with the fact that they would even believe anything that he would happen to say,” Amelia told “The Ingraham Angle.” “I don’t believe that people like that change.”
Amelia said the abuse has had lifelong consequences, including lasting trauma and difficulty conceiving a child.
“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,” she said. “I have trauma. I don’t trust anybody. I don’t trust anything.”
She also voiced fear for younger relatives if Funston were to return to the Sacramento area.
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“If he gets out, who knows if he’ll do it again?” Amelia said. “I was told that he fantasizes still about children… why would you let this man out? When he gets out, how do you not know if he will continue?”
Funston told the parole board he was “disgusted and ashamed” of his past behavior and “truly sorry” for the harm he caused. Amelia rejected that apology.
His impending release also drew sharp criticism from Sacramento County Sheriff Jim Cooper and District Attorney Thien Ho, who warned he remained a danger to the community and sought intervention to stop his release.
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Cooper previously told Fox News Digital that 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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Sacramento County District Attorney Thien Ho echoed that concern, warning Funston remains a serious threat.
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A convicted California child molester who had been granted parole and was set for release this week was instead turned over to law enforcement after Placer County issued a new arrest warrant and filed additional charges. David Allen Funston, 64, was originally sentenced in 1999 to life with the possibility of parole for crimes including kidnapping and lewd acts involving children under 14. (Placer County, Calif. Jail)
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“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 told Fox News Digital. “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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After learning Funston was about to be released, prosecutors flagged a 1996 molestation case in neighboring Placer County that was still within California’s statute of limitations for child sex crimes. Authorities issued a new arrest warrant, stopping his release.
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For now, Funston remains behind bars as the new case moves forward. If convicted, he faces up to eight additional years in prison.
Fox News’ Bill Melugin, Taylor Penley, and Louis Casiano contributed to this report.
Stepheny Price covers crime, including missing persons, homicides and migrant crime. Send story tips to stepheny.price@fox.com.