Child predator to be arraigned March 9

The arraignment of David Allen Funston was continued to Monday, March 9. Funston briefly appeared in court Monday afternoon to request a continuance to allow him time to officially retain counsel. Funston was found eligible for parole at his first subsequent suitability hearing before the California Department of Corrections and Rehabilitation Board of Parole Hearings on Sept. 4, 2025. He was scheduled to be released on parole on Feb. 26 but was instead turned over to law enforcement due to a new charge. Funston is now charged with violating Penal Code section 288(a), lewd and lascivious acts upon a child. The charges stem from the sexual assault of a child in Roseville in 1996. Placer County District Attorney Morgan Gire confirmed Monday the victim was under the age of 10 at the time of the offense. At the time of the original investigation and prosecution, Funston was convicted in Sacramento County and sentenced in 1999 to three life terms in prison with the possibility of parole relating to the sexual abuse of children, including kidnapping and lewd and lascivious acts with a child under 14 years of age. In the interest of justice, and because the life sentences ensured the defendant would be removed from society, the DA's Office did not pursue a separate prosecution at that time, according to a press release issued by the Placer County DA's Office on Feb. 26. "Mr. Funston's case was dismissed back in 2006; we were aware of those charges so he was sort of on our radar but really, once we found out he was being paroled, we sort of had to access what the options were for our case," Gire said following the arraignment continuance. "Number one, it's not about any sort of statewide decision on parole, it's really about what's best for this case." Gire confirmed he read through the parole hearing transcripts and disagrees with the board's decision to release Funston. "In these kinds of cases, I'm always concerned that someone with these charges and this propensity and proclivity for committing these kinds of crimes would victimize someone again," Gire stated. Gire also confirmed the charge has a determinant sentence of three, six or eight years based on additional charges that could be added. Funston remains in custody and ineligible for bail. The arraignment and bail motion is now scheduled for 8:30 a.m. March 9 in Department 32 of the Placer County Superior Court in Roseville.