A notorious pedophile has been slapped with new charges just hours before he was due to be released thanks to California’s elder parole law.
David Allen Funston, 64, was found guilty in 1999 of 16 counts of kidnapping and child molestation.
Living in a suburb of Sacramento, he reportedly kidnapped and molested at least eight children — seven girls and one boy — luring them in with Barbie dolls and candy. He was later sentenced to three consecutive sentences of 25 years to life.
But because of California’s elder parole program the Board of Parole authorized his early release from prison on Thursday, because he met the requirements.
Yet in a later update, Placer County DA Morgan Gire said his office decided to pursue a separate prosecution against Funston stemming from an alleged child sexual assault that happened in Roseville in 1996.
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.