David Allen Funston remains charged in Placer County sex abuse case

David Allen Funston will face a criminal charge in Placer County after a judge denied a defense dismissal motion. The court ruling keeps the prosecution moving forward toward an upcoming preliminary hearing.

The Placer County Superior Court made the decision on Monday. A press release from the Placer County District Attorney’s Office confirmed the criminal charge remains in place.

The case is now scheduled for a preliminary hearing on Oct. 26. Funston is known for the kidnapping and sexual abuse of seven children in 1999.

The defense asked the court to dismiss the case. Defense attorneys cited claims of prejudicial delay and violation of due process.

The district attorney opposed the motion. The court previously rejected defense claims that the passage of time caused sufficient prejudice to require a dismissal.

The original case was dismissed in 2006. Prosecutors noted his Sacramento County conviction for numerous violent sexual offenses against children.

State officials granted Funston elderly parole earlier this year. The district attorney then sought other legal avenues to seek accountability for the alleged crime.

Several factors justified the denial of the dismissal motion. The main reason was protecting the young victim and potential victims from testifying in an extra trial.

A preliminary hearing allows a judge to determine whether enough evidence exists to hold a defendant for trial. The process requires prosecutors to present evidence showing probable cause.

Funston is in custody. He is being held in the Placer County jail.