Man Arraigned on 1996 Child Sex Charge After Being Granted Parole

ROSEVILLE — David Allen Funston appeared before a judge in Placer County Superior Court in Roseville on March 2 for arraignment on one count of committing a lewd and lascivious act upon a child. The charge stems from an alleged sexual assault that occurred in Roseville in 1996 and involved a victim younger than 10 years old at the time. Funston, now 64 years old, answered the judge’s questions and confirmed that he understood his constitutional rights. A Placer County judge continued proceedings until March 9.

Funston remains held without bail in Placer County jail. Prosecutors filed the charge under Penal Code section 288(a), which addresses lewd or lascivious acts on a child under 14 years of age with the intent of arousing sexual desires.

Funston holds prior convictions from Sacramento County in 1999 for 16 counts of kidnapping and child molestation. Those offenses involved eight victims, ages 3 to 7, whom authorities say he lured with candy or toys during a 1995 crime spree across Sacramento-area communities, including North Highlands, Foothill Farms, Roseville, Fair Oaks, Rocklin, and Pollock Pines. A judge at the 1999 sentencing described Funston as “the monster parents fear the most,” according to reporting by the Sacramento Bee and the Los Angeles Times.

The Sacramento County convictions resulted in a sentence of three consecutive terms of 25 years to life plus additional time. Funston had served 27 years at the California Institution for Men in Chino by early 2026.

After those convictions and sentences, Funston became eligible for consideration under California’s Elderly Parole Program. The program allows inmates age 50 or older who have served at least 20 continuous years to seek a parole suitability hearing. The Board of Parole Hearings must evaluate whether the person poses an unreasonable risk to public safety while giving special consideration to age, time served, and any diminished physical condition.

A panel of the Board of Parole Hearings first granted suitability on September 24, 2025. During the hearing, Funston acknowledged a lapse between 2020 and 2021 during which he experienced pedophilic fantasies, including masturbating to thoughts of children and specifically an 8-year-old girl who lived across the street from him. Funston stated he remains attracted to female children and described pedophilia as a lifelong condition, saying, “There’s always a possibility that I’ll relapse. I, um, I know it’s not inevitable, so I know that it’s important for me to continue to build on my recovery. Uh, I don’t — I want to do everything I can to ensure that I — that I never harm another child,” according to the hearing transcript.

Funston also admitted to molesting a boy because of a desire for power and control and because the boy was “vulnerable and available.” Funston reported developing an urge control plan after seeking mental health counseling following the lapse. Funston described practicing the plan every day by telling himself to stop, remembering consequences, and focusing on victim impacts. Presiding Commissioner Patricia Cassady praised the plan during the hearing and said, “You have a — a really good developed urge control plan. You have steps that you take, you practice it every day so that it’ll be second nature to you if the, um, high risk — high risk, um, situation develops.”

Cassady added that Funston’s present mental state is not the same as the mental state he had at the time of the crime and that he has gained sufficient coping skills and tools to address defects in order to avoid repeating past mistakes. Deputy District Attorney Dean Archibald opposed the grant at the hearing and said Funston was “a very dangerous guy” who posed an unreasonable risk to the public. Governor Gavin Newsom referred the decision for en banc review by a majority of commissioners on January 9, 2026. The board reaffirmed its suitability finding on February 18, according to a California Department of Corrections and Rehabilitation press release dated February 26.

Placer County District Attorney Morgan Gire filed the new charge on February 26 after confirmation of the parole approval. CDCR officials transferred Funston to Placer County custody at 7:30 AM on February 26 instead of allowing release. Gire explained in a statement that prosecutors had not pursued separate charges in 1996 because Funston already faced life sentences in the Sacramento County cases.

Gire noted that changes in state law and parole decisions altered the effect of those original sentences. “To be clear, this individual was previously sentenced to multiple life terms for extremely heinous crimes,” Gire said in the Placer County District Attorney’s Office announcement. “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.”

The district attorney added that the statute of limitations still permits prosecution because the law extends the filing period for certain sex offenses against minors until the victim reaches age 40. The adult victim from the Roseville case has cooperated with investigators. “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,” Gire stated. A conviction on the current charge carries a maximum sentence of eight years in prison. Gire has encouraged any additional potential victims to contact authorities.