Convicted Sacramento child molester, set for elder parole, faces new charges in Placer County

A convicted Sacramento child molester who was set to be released under California's elder parole law now faces new charges stemming from an alleged child sexual assault that happened in Roseville in 1996, prosecutors announced on Thursday.

David Allen Funston, 64, was convicted back in 1999 of 16 counts of kidnapping and child molestation. Funston was later sentenced to three consecutive sentences of 25 years to life, but was authorized by the California Board of Parole to be released from state prison on Thursday after meeting the requirements for elder parole.

The Placer County District Attorney's Office said Funston had already been convicted and sentenced for the Sacramento County crimes at the time of the original investigation into alleged lewd and lascivious acts upon a child in Roseville. Believing that sentencing would have kept Funston behind bars for the rest of his life, Placer County prosecutors said they chose not to pursue a separate prosecution.

That is, until now, after learning California's elder parole law would allow Funston to return to society. Under California's elder parole law, inmates must be over the age of 50 and have served at least 20 consecutive years in prison to be eligible for release.

"To be clear, this individual was previously sentenced to multiple life terms for extremely heinous crimes," Placer County District Attorney Morgan Gire said in a statement. "However, subsequent changes in state law and recent parole board failures have altered the practical effect of those life sentences for the victims and communities at large. When changes in the law put our communities at risk, it is our duty to re-evaluate those cases and act accordingly. David Allen Funston committed very real crimes against a Placer County child, and the statute of limitations allows us to hold him accountable for those crimes."

Funston will, at least for now, have to stay behind bars while he awaits an arraignment hearing for the new charges filed by the Placer County District Attorney's Office. The California Department of Corrections and Rehabilitation said it has since turned custody of Funston over to law enforcement officials in Placer County.

Placer County prosecutors said a no-bail warrant was issued upon filing the new charges.

Since the news of Funston's impending release, law enforcement officials and prosecutors in Sacramento County have strongly opposed that decision.

Sacramento County District Attorney Thien Ho called Funston "a ticking timebomb" who "will reoffend."

"This defendant is the worst of the worst – a child predator who lures, grabs, kidnaps, and assaults children... This is yet another example that highlights how elder parole is a broken law that results in broken promises and broken lives," Ho said.

Sacramento County Sheriff Jim Cooper said it should be "common sense" to keep Fusnton behind bars for life.

"Ninety-nine percent of voters support him being locked up forever. Lock him up, throw away the key," Cooper said in a press conference earlier this week. "But in California, they want to let him out. And they've let others out like him."

Funston is expected to make his first appearance in Placer County Superior Court next week.