Press Release

Judge Sentences Inmate Three More Years for Failing to Submit DNA Sample

March 23, 2023

(Kenai, AK) – Superior Court Judge Eric B. Smith found David Simmons guilty of five counts of violating an order to submit to DNA testing after hearing evidence at a court trial conducted on March 22, 2023. Under AS 44.41.035, persons convicted of felony offenses, or crimes against a person, are required to provide a DNA sample for inclusion into the DNA identification registration system.

Simmons was about to be released from a term of incarceration for felony assault and burglary convictions when he refused requests from the Alaska Department of Corrections’ personnel to provide a DNA sample. Simmons disputed whether he was required to submit a DNA sample. He had previously appealed this issue to the Alaska Supreme Court, which held he was required to submit a DNA sample pursuant to AS 44.41.035.

Following the guilty verdicts, Judge Eric B. Smith sentenced Mr. Simmons to an additional three years of incarceration for his failure to provide his DNA sample.

For more information, contact Assistant District Attorney Daniel Strigle at daniel.strigle@alaska.gov

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Department Media Contacts: Communications Director Patty Sullivan at patty.sullivan@alaska.gov or (907) 269-6368. Information Officer Sam Curtis at sam.curtis@alaska.gov or (907) 269-6269.