After a controversial decision to release a serial child rapist on parole, David Funston is, instead, in jail, fighting a new charge in Placer County.The new developments have a former detective digging up details of the past.Former Sacramento County Sheriff’s Detective Richard Aromando has been flipping through pages of what he thought was history.“Three life sentences. Did you ever think we would be here talking about this?” KCRA 3 Investigates’ Lysée Mitri asked.“No! I took my files out when I first heard about this, and I dusted them off! It’s been 30-some odd years,” Aromando said.He was one of the lead detectives with the Sacramento County Sheriff’s Office in 1995, who spent months investigating what seemed like a series of cases of children going missing.“After a while, they determined this is not a missing person. This is a kidnapping,” Aromando said. “We’ve got a pattern going on here.”Several children under 7 years old described a man who lured them with things like candy or jewelry, before molesting them.“The major break in the case was when he tried to lure, kidnap two young girls,” Aromando said. “Luckily, there was a neighbor saying, ‘What are you doing? What are you doing? Who are you?’”He said that neighbor took note of the man’s license plate.“That’s when we started narrowing down our suspect list to Mr. Funston.”He said the additional evidence they collected after that continued to point to David Funston.“We arrested him. We did a search warrant. The rest is history,” Aromando said.At least, that’s what he thought until he saw the news a few weeks ago.Funston was serving three life sentences for his 1999 conviction on kidnapping and child molestation charges involving six victims.But the 64-year-old was eligible for Elderly Parole – eligible and suitable, according to a Parole Board panel last September.The panel granted Funston parole after 27 years in prison.“Why? Three life sentences! What does this tell the victims?” Aromando said.Commissioner Patricia Cassady, who was appointed to the Parole Board by Gov. Gavin Newsom, said that Funston’s release would not pose an unreasonable risk to public safety.However, the governor asked the full Parole Board to take a second look at that decision.Last month, they did, and a majority again voted for Funston’s release on parole.“The Parole Board decision was not lightly made,” said Martin Jones, Funston’s attorney. “It was a very thorough procedure.”KCRA 3 Investigates talked to Jones about the factors the board took into consideration.“They looked at every aspect of the potential risk. They looked at his behavior while in prison. They looked at all the programming that he did. And, most importantly, they looked at his insight into the underlying crimes,” he said.“Can you understand how maybe people have questions about that decision when he was asked things like, ‘Are you currently attracted to children?’ And he said yes, or he describes having fantasies of children as recently as 2021?” Investigative Reporter Lysée Mitri asked.“Right. Again, that shows a lot of insight that he’s willing to acknowledge that he has those urges,” Jones said.He also pointed out that the board believed that Funston had a plan to keep those urges under control.For weeks, KCRA 3 Investigates has been pushing to hear from the Parole Board. Our interview requests were denied. However, we went to a meeting on Tuesday and spoke with Scott Wyckoff, the executive officer to the Board of Parole Hearings.“These professionals are highly trained. Deputy commissioners and commissioners are trained in assessing risk. We have forensic psychologists who do risk assessments. This should give the public great confidence in the decisions that the commissioners are making, and I think that’s really borne out by the evidence in terms of recidivism,” Wyckoff said. “People who go through the Board of Parole Hearings, the recidivism rate is less than 3%, of a new crime within three years after they’ve been released. It’s less than 1% for people who commit a new violent act. And you look at the numbers of people who have been released by the Board in the last four or five years –it’s 4,000-5,000 people.”He also addressed concerns about California’s Elderly Parole law.“That really is an issue for the Legislature to resolve, but the attacks that we’ve seen on our commissioners and the Board, the threats that they’ve received, are really undermining the process that we have and really don’t have any place in this debate,” Wyckoff said. When the day came for Funston’s release, instead, he traded one cell for another. He was transferred from state prison to a Placer County jail.“He remains in custody without bail,” said District Attorney Morgan Gire on March 2.The DA’s Office charged Funston with a lewd and lascivious act on a child, linked to a 1996 case that Placer County said it did not think it needed to prosecute back when Funston was convicted in Sacramento County.“Mr. Funston was already being prosecuted and convicted and sentenced to life sentences. In those days, life sentences meant just that, life sentences,” Gire said. “I’ve never been presented with a similar situation where a person is released on parole and then is charged for a crime that occurred before they were ever sent to prison. So, this is a novel situation for me,” said Funston’s attorney.He is not convinced that this is about justice.“I believe it’s about the public outcry that my client was released,” Jones said.Funston has pleaded not guilty. If convicted, the charge carries a penalty of up to eight years in prison.See more coverage of top California stories here | Download our app | Subscribe to our morning newsletter | Find us on YouTube here and subscribe to our channel
After a controversial decision to release a serial child rapist on parole, David Funston is, instead, in jail, fighting a new charge in Placer County.
The new developments have a former detective digging up details of the past.
Former Sacramento County Sheriff’s Detective Richard Aromando has been flipping through pages of what he thought was history.
“Three life sentences. Did you ever think we would be here talking about this?” KCRA 3 Investigates’ Lysée Mitri asked.
“No! I took my files out when I first heard about this, and I dusted them off! It’s been 30-some odd years,” Aromando said.
He was one of the lead detectives with the Sacramento County Sheriff’s Office in 1995, who spent months investigating what seemed like a series of cases of children going missing.
“After a while, they determined this is not a missing person. This is a kidnapping,” Aromando said. “We’ve got a pattern going on here.”
Several children under 7 years old described a man who lured them with things like candy or jewelry, before molesting them.
“The major break in the case was when he tried to lure, kidnap two young girls,” Aromando said. “Luckily, there was a neighbor saying, ‘What are you doing? What are you doing? Who are you?’”
He said that neighbor took note of the man’s license plate.
“That’s when we started narrowing down our suspect list to Mr. Funston.”
He said the additional evidence they collected after that continued to point to David Funston.
“We arrested him. We did a search warrant. The rest is history,” Aromando said.
At least, that’s what he thought until he saw the news a few weeks ago.
Funston was serving three life sentences for his 1999 conviction on kidnapping and child molestation charges involving six victims.
But the 64-year-old was eligible for Elderly Parole – eligible and suitable, according to a Parole Board panel last September.
The panel granted Funston parole after 27 years in prison.
“Why? Three life sentences! What does this tell the victims?” Aromando said.
Commissioner Patricia Cassady, who was appointed to the Parole Board by Gov. Gavin Newsom, said that Funston’s release would not pose an unreasonable risk to public safety.
However, the governor asked the full Parole Board to take a second look at that decision.
Last month, they did, and a majority again voted for Funston’s release on parole.
“The Parole Board decision was not lightly made,” said Martin Jones, Funston’s attorney. “It was a very thorough procedure.”
KCRA 3 Investigates talked to Jones about the factors the board took into consideration.
“They looked at every aspect of the potential risk. They looked at his behavior while in prison. They looked at all the programming that he did. And, most importantly, they looked at his insight into the underlying crimes,” he said.
“Can you understand how maybe people have questions about that decision when he was asked things like, ‘Are you currently attracted to children?’ And he said yes, or he describes having fantasies of children as recently as 2021?” Investigative Reporter Lysée Mitri asked.
“Right. Again, that shows a lot of insight that he’s willing to acknowledge that he has those urges,” Jones said.
He also pointed out that the board believed that Funston had a plan to keep those urges under control.
For weeks, KCRA 3 Investigates has been pushing to hear from the Parole Board. Our interview requests were denied.
However, we went to a meeting on Tuesday and spoke with Scott Wyckoff, the executive officer to the Board of Parole Hearings.
“These professionals are highly trained. Deputy commissioners and commissioners are trained in assessing risk. We have forensic psychologists who do risk assessments. This should give the public great confidence in the decisions that the commissioners are making, and I think that’s really borne out by the evidence in terms of recidivism,” Wyckoff said. “People who go through the Board of Parole Hearings, the recidivism rate is less than 3%, of a new crime within three years after they’ve been released. It’s less than 1% for people who commit a new violent act. And you look at the numbers of people who have been released by the Board in the last four or five years –it’s 4,000-5,000 people.”
He also addressed concerns about California’s Elderly Parole law.
“That really is an issue for the Legislature to resolve, but the attacks that we’ve seen on our commissioners and the Board, the threats that they’ve received, are really undermining the process that we have and really don’t have any place in this debate,” Wyckoff said.
When the day came for Funston’s release, instead, he traded one cell for another. He was transferred from state prison to a Placer County jail.
“He remains in custody without bail,” said District Attorney Morgan Gire on March 2.
The DA’s Office charged Funston with a lewd and lascivious act on a child, linked to a 1996 case that Placer County said it did not think it needed to prosecute back when Funston was convicted in Sacramento County.
“Mr. Funston was already being prosecuted and convicted and sentenced to life sentences. In those days, life sentences meant just that, life sentences,” Gire said.
“I’ve never been presented with a similar situation where a person is released on parole and then is charged for a crime that occurred before they were ever sent to prison. So, this is a novel situation for me,” said Funston’s attorney.
He is not convinced that this is about justice.
“I believe it’s about the public outcry that my client was released,” Jones said.
Funston has pleaded not guilty. If convicted, the charge carries a penalty of up to eight years in prison.
See more coverage of top California stories here | Download our app | Subscribe to our morning newsletter | Find us on YouTube here and subscribe to our channel
