A convicted California child molester who was set to walk free this week was instead turned over to law enforcement after a new arrest warrant was issued in Placer County, state officials confirmed.
The California Department of Corrections and Rehabilitation (CDCR) said that at approximately 7:30 a.m., David Allen Funston, 64, was transferred to law enforcement authorities after Placer County filed new criminal charges and issued a warrant for his arrest.
Funston had been granted parole Tuesday and was scheduled for release later this week.
CDCR said Funston was sentenced in 1999 to life with the possibility of parole in connection with sexual abuse of children, including kidnapping and lewd and lascivious acts with a child under 14 years of age.
Funston is accused of kidnapping and molesting a child in Roseville in 1996, according to Placer County prosecutors.
Funston was convicted in 1999 of kidnapping and child molestation involving multiple victims. He was originally sentenced to three life terms in prison. However, under California’s Elderly Parole Program, he was granted parole suitability and scheduled for release from CDCR custody.
The Placer County District Attorney’s Office said it refiled charges against Funston stemming from the 1996 case within the state’s statute of limitations.
He was found suitable for parole at a hearing before the Board of Parole Hearings on Sept. 24, 2025.
On Jan. 9, 2026, Gov. Gavin Newsom referred the case back to the Board of Parole Hearings for an en banc review, in which a majority of appointed commissioners reconsider the prior parole decision. On Feb. 18, 2026, the board reaffirmed its recommendation that Funston receive parole.
Funston qualified for consideration under California’s statutory Elderly Parole Program, which allows individuals to be considered for release once they reach age 50 and have served at least 20 consecutive years of incarceration.
California GOP Chair Corrin Rankin said the last-minute arrest does not resolve what she described as broader failures in state policy.
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“This last-minute warrant doesn’t fix the problem — it exposes it. 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. 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,” Rankin said.
The former prosecutor who helped put Funston behind bars also weighed in after news of the arrest.
“God bless Placer County DA for charging David Funston for crimes committed by this serial child predator,” the former prosecutor said. “Let’s remember that @CAgovernor signed the law allowing this to happen. But Placer DA stepped in to stop this insanity.”
For victims, the controversy remains deeply personal.
One of Funston’s victims, identified as Amelia, voiced outrage this week after learning the parole board had approved his 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 Funston’s abuse has had lasting consequences on her life, including ongoing trauma and difficulty conceiving.
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“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 expressed concern for younger family members if Funston were to return to the Sacramento area.
“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 reportedly 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.
Funston’s impending release had drawn 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.
It remains unclear when Funston will make his first court appearance in Placer County.
Fox News’ Taylor Penley contributed to this report.
