DNA Motion for Kadamus

Kevin Kadamus, the father who accidentally shot and killed his son Jacob during a hunting trip last spring in Wheelock, was ordered to provide a DNA sample to the Caledonia County District Court.
According to a law instated after April 29, 1998 any persons who convicted of committing a designated crime shall submit a DNA sample. Designated crimes include all felonies. Kadamus plead no contest to manslaughter on August 18, 2009 and received a deferred sentence on October 19, 2009.
On January 28, 2010 the Department of Corrections directed Kadamus to provide a sample of his DNA; however, Kadamus refused to comply. Kadamus claims that he is not required to follow such a demand because he is not serving a sentence. Subsequently, when the court defers a sentence the defendant must be placed on probation and a person on probation is by default serving a type of sentence for a designated crime; therefore, Kadamus is required to provide the courts with a DNA sample. The court has stated that just because Kadamus is not serving a term in confinement does not excuse him of his obligation to provide a DNA sample.
The Department of Corrections has requested that the Court issue a written order requiring Kadamus to provide a sample and authorizing the use of reasonable force by means of an oral swab if necessary.
If you would like to read the full Motion to Compel Court Document click here.








