Judge denies bond reduction for mom, stepdad charged in 6 year-old's death in Boulder Hill

YORKVILLE – A Kendall County judge denied requests to reduce bond amounts last month for the mother and stepfather of a 6 year old girl found dead in her home in July, according to court records.

On Aug. 12, Kendall County Chief Judge Robert Pilmer denied motions to reduce $250,000 bonds for Courtny A. Davidson, 32, and James A. Davidson, 29, both of the 800 block of Washington Street in Mendota, according to court documents. That came after Kendall County Judge Jody Gleason set bond at $250,000 with 10% to apply on Aug. 7 for the mother and stepfather, respectively, of 6-year-old Kerrigan Rutherford, who was found dead July 2 in a home in the 100 block of Boulder Hill Pass in the unincorporated Boulder Hill subdivision.

The Kendall County State’s Attorney’s Office has approved one count of involuntary manslaughter, which is a Class 2 felony, and two counts of endangering the life or health of a child, also Class 3 felonies, against both adults.

Legal counsel for both Davidsons wrote in court documents they requested bond to be reduced to $25,000, with 10% to apply. Officials from the Kendall County Public Defender's office, who is representing both Davidsons, wrote they thought the $250,000 bond amount for each defendant was excessive and family members for both could pay $2,500 each for their jail releases.

"The defendant has remained in custody, unable to post the required amount," Courtney Transier, assistant public defender for Kendall County, wrote in Aug. 11 court documents for Courtny Davidson's case specifically.

Transier also wrote that Courtny Davidson was only receiving half of her usual medications in jail and that Davidson's mother had said Davidson, who is diagnosed bipolar, has been in a manic episode since the death of her daughter. She wrote Davidson also needs an evaluation and possible hospitalization upon her release.

Lawyers for both Davidsons previously wrote in court documents the two defendants are not flight risks and do not have a history of failure to appear in court, since they do not have criminal histories.

Pilmer also wrote in Aug. 12 court documents that bond conditions for both Davidsons have been modified to include no contact with their 3-year-old child – who was removed from the Boulder Hill house in July by Illinois Department of Children and Family Services officials and placed in the care of a relative in Chicago – until further order of the court and juvenile court. Kendall County State's Attorney Eric Weis confirmed James Davidson is the biological father of the three-year old.

Courtny Davidson and James Davidson are due back in court 9 a.m. Wednesday, Sept. 9 at the Kendall County Courthouse, according to court records.

The update comes after the Kendall County Coroner's office released autopsy and toxicology reports related to Kerrigan's death on Aug. 13. Coroner Jacquie Purcell had ruled the cause of death for the 6-year-old to be due to olanzapine toxicity, or overdose, and the manner of death to be homicide.

According to the U.S. National Library of Medicine, olanzapine is used to treat symptoms of schizophrenia and bipolar disorder in adults and teenagers 13 years old or older.

Kerrigan's body was received by coroner's officials wearing only a disposable diaper that was urine soaked and contained a "moderate amount of fecal matter," according to coroner's documents.

Kendall County Sheriff's officials wrote in police report documents that Oswego Fire Protection District and sheriff's officials filed reports to DCFS related to the July 2 incident. Sheriff's officials had said in the police report the living conditions for the Boulder Hill house were described as uninhabitable around the time Kerrigan was found dead in the house.

According to the police report, sheriff's officials saw multiple piles of garbage inside the house, along with dirty diapers and feces on the floors, carpets and stairs throughout the house. Broken eggs, spilled soda and rotting food also were on the floor of a dining area along with clean and dirty diapers, sheriff's officials wrote in the report.

"Roaches could be seen on the shelving unit and countertops" of the kitchen, one sheriff's detective wrote in the report.

The landlord for the house, which the Davidsons rented, told sheriff's officials on July 9 the house had new carpet and paint and one of the bathrooms had been remodeled before the Davidsons moved into the house about a year ago, according to the police report. The landlord also said he was not aware of any police or DCFS investigations at the house, per the report.

Sheriff's officials also found multiple prescription bottles for about ten different medications within the bedrooms of the Boulder Hill house, according to the police report.