New charges filed by Placer County DA against serial child molestor David Funston who was granted early parole

 

On Monday, I did a post on the California Parole Board 's decision to granted parole to David Allen Funston, a serial child molester. 

There was outrage from the public, law enforcement Republican elected officials and national headlines.

The Placer County District Attorney has filed new charges against Funston.

I have included a statement released today by the Placer County DA.

The Placer County District Attorney’s Office has filed charges against David Allen Funston, age 64, for violating Penal Code section 288(a), lewd and lascivious acts upon a child. A no-bail warrant was issued, and the defendant is now in custody in the Placer County jail. 

The charges stem from the sexual assault of a young child in Roseville in 1996. At the time of the original investigation and prosecution, the defendant was convicted in Sacramento County and sentenced to three life terms in prison for his crimes. In the interest of justice, and because these life sentences ensured the defendant would be removed from society, the Placer County District Attorney’s Office did not pursue a separate prosecution at that time. 

However, due to recent developments under California’s elder parole program, the defendant has been released from CDCR, effectively overturning the permanence of the prior life sentences. As the interests of justice have changed with recent legislation and parole board decisions, our community safety is no longer assured. The Placer County District Attorney’s Office has refiled the 1996 charges within the statute of limitations to hold the defendant accountable for the crimes he committed in Placer County.  

“To be clear, this individual was previously sentenced to multiple life terms for extremely heinous crimes,” said Placer County District Attorney Morgan Gire. “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. 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.” 

The defendant is scheduled to be arraigned early next week in the Placer County Superior Court.