This is David Funston, a 1995 convict who raped seven children aged 3 to 10 using candy lures, now eligible for parole at age 64 under California's elderly parole law expanded by AB 3234 to include inmates over 50 after 20 years served.
Funston's crimes took place between 1995 and 1996 in the Sacramento area, where he targeted six girls and one boy. He was eventually arrested after a neighbor took down his license plate and called police. He was convicted and sentenced to three consecutive life terms plus 20 years, however Funston became eligible for parole under the state's Elderly Parole Program.
So what is this Elderly Parole Program?
Of course Gavin Newscum is playing dumb, regardless of the fact he signed the bill into law allowing this. And he appointed every one of the Parole board members that are granting this parole. Now, the Governor of California does not have to approve every parole, but he has the authority to review and reverse parole grants for inmates serving indeterminate sentences (e.g., life sentences). This review process applies to specific cases, often involving murder, or violent sex crimes, where the Governor can affirm, modify, or reverse the decision based on public safety. So the ball is in his court I guess, curious how this goes forward. I know in Texas that sentence would never be outlived.
Funston's crimes took place between 1995 and 1996 in the Sacramento area, where he targeted six girls and one boy. He was eventually arrested after a neighbor took down his license plate and called police. He was convicted and sentenced to three consecutive life terms plus 20 years, however Funston became eligible for parole under the state's Elderly Parole Program.
So what is this Elderly Parole Program?
- The 2020 law, authored by Assemblyman Phil Ting and signed by Governor Gavin Newsom, lacks exemptions for violent sex crimes, enabling Funston's release despite his three consecutive life sentences; a 2025 Republican-led reform bill, SB 286, stalled in committee over projected $2 billion incarceration costs.
Of course Gavin Newscum is playing dumb, regardless of the fact he signed the bill into law allowing this. And he appointed every one of the Parole board members that are granting this parole. Now, the Governor of California does not have to approve every parole, but he has the authority to review and reverse parole grants for inmates serving indeterminate sentences (e.g., life sentences). This review process applies to specific cases, often involving murder, or violent sex crimes, where the Governor can affirm, modify, or reverse the decision based on public safety. So the ball is in his court I guess, curious how this goes forward. I know in Texas that sentence would never be outlived.
Who are the California politicians behind the progressive laws that allow a serial child rapist like David Funston to be released from prison early?
— Bill Melugin (@BillMelugin_) February 26, 2026
Funston was described by a judge as “the monster parents fear most”. The CA prosecutor who handled his case tells me it’s the… pic.twitter.com/xcAdc7g8da
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