In a dramatic turn of events, a convicted pedophile has been faced with fresh charges just hours before his anticipated release under California’s elder parole law. This unexpected development has put a spotlight on the complexities and potential pitfalls of the state’s parole system.

David Allen Funston, 64, was originally convicted in 1999 for a series of heinous crimes, including 16 counts of kidnapping and child molestation. His disturbing offenses took place in a Sacramento suburb, where he preyed upon the innocence of at least eight children, comprising seven girls and one boy. Funston’s method of operation involved luring his young victims with tempting offerings such as Barbie dolls and candy. Ultimately, his actions led to a severe sentence of three consecutive 25-year-to-life terms.

Despite the gravity of his crimes, Funston’s early release was sanctioned by the Board of Parole on Thursday, due to his eligibility under California’s elder parole program. This program takes into account factors such as age and the time already served, allowing certain elderly inmates a chance at early release.

However, the narrative took a sudden twist when Placer County District Attorney Morgan Gire announced a new legal pursuit against Funston. This decision is linked to an unresolved child sexual assault case dating back to 1996 in Roseville. According to Gire, prosecutors at that time opted not to pursue the separate charges, believing that Funston’s life sentences would keep him behind bars indefinitely.

This latest prosecution reflects the ongoing commitment to seeking justice for all victims and highlights the challenges faced by the legal system in balancing rehabilitation with public safety. As the case unfolds, it serves as a sobering reminder of the enduring impact of past crimes and the complexities involved in parole decisions.

BREAKING: David Funston— the serial child rapist allowed early release under California’s Elder Parole law— is behind bars now on new charges.

Placer County’s DA says charges stem from 1996, when he allegedly sexually assaulted a child in Roseville. pic.twitter.com/PNnBAz68Ij

— Ashley Zavala (@ZavalaA) February 27, 2026

He said prosecutors at the time believed Funston was going away for life and chose not to pursue the separate prosecution.

“To be clear, this individual was previously sentenced to multiple life terms for extremely heinous crimes,” Placer County DA said in a statement to CBS News.

“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.”

He added. “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.”

Instead of being released to the community, Funston’s custody has been turned over to law enforcement officials in Placer County and he remains behind bars awaiting his arraignment for the new charges.

Sacramento District Attorney Thien Ho blasted the elder parole law that allowed for Funston’s early release.

“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.

California Republicans have demanded Gov. Gavin Newsom cleans house after the state parole board upheld the release of the serial child rapist — blasting the governor for claiming his “hands are tied.”

Funston was granted parole under the elder parole program, which was expanded in 2020 through AB 3234 and signed into law by Newsom. 

The governor’s office did not immediately respond to The Post’s request for comment on any actions he intends to take. Newsom has said state law limits his ability to overturn parole board decisions.

Calls to the Placer County and Sacramento County District Attorney’s office about Funston were not immediately returned to The Post.

Funston is due back in court in Placer County next week.