Court cases for suspects in death of 6-year-old Boulder Hill girl pushed to March

YORKVILLE – The cases of the mother and stepfather of a 6-year-old girl found dead in a Boulder Hill subdivision home in July have been pushed back to early March, a Kendall County judge decided this week.

Courtny A. Davidson, 32, and James A. Davidson, 29, both of the 800 block of Washington Street in Mendota, are due back in court for a hearing scheduled at 9 a.m. March 8 on charges of involuntary manslaughter and endangering the life or health of a child. They both appeared in court via Zoom on Monday from the Kendall County Jail.

Kendall County Assistant Public Defender Courtney Transier, who is representing Courtny Davidson, and Kendall County Public Defender Victoria Chuffo, who is representing James Davidson, requested in court Monday to continue the case to March because both defendants still needed to complete additional doctor evaluations.

“It’ll take a little while for [the doctors] to complete and write up the evaluations,” Chuffo said.

Kendall County Chief Judge Robert Pilmer on Monday approved the continued March hearing date. No trial dates have been set for either of the Davidsons as of Monday.

The update comes after the Monday hearing originally was set to be the final pretrial hearing for both Davidsons.

The charges against the Davidsons stem from the death of their daughter, Kerrigan Rutherford, who was found dead July 2 at the family’s residence in the unincorporated subdivision. Courtney and James Davidson each face one count of involuntary manslaughter, a Class 2 felony carrying up to 14 years in prison if convicted, and two counts of endangering the life or health of a child, a Class 3 felony carrying up to 10 years if convicted.

The two Mendota residents remain in custody at the jail on $250,000 bonds, with 10% to apply. The conditions of the Davidsons’ bond also prevent them from having contact with their 3-year-old child, the half-sibling of Rutherford.

Both Davidsons did not respond to requests for comment from Shaw Media, which were sent directly to the adults by mail Jan. 6.

Transier also requested Monday that all correspondence sent to Courtny Davidson from news media go through her attorney first. Chuffo echoed similar sentiments into the court record Monday for James Davidson.

“Please be advised that my client, James Davidson, will not be speaking to anyone, including the media, during the pendency of his case,” Chuffo wrote in a Jan. 22 letter to Shaw Media.

Transier and Chuffo declined additional comment after the Monday hearing.

An autopsy and toxicology report completed by Kendall County Coroner Jacquie Purcell in August ruled Rutherford’s death a homicide caused by an overdose on olanzapine, a medication used to treat schizophrenia and bipolar disorder in adolescents and adults.

Courtny Davidson is diagnosed as bipolar, according to court documents.

Kendall County sheriff’s officials wrote in police report documents that Oswego Fire Protection District and sheriff’s officials filed reports to the Illinois Department of Children and Family Services related to the July 2 incident. Sheriff’s officials had said in the police report that the living conditions for the Boulder Hill house were described as uninhabitable around the time Rutherford 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” in the kitchen, one sheriff’s detective wrote.

The landlord for the house, which the Davidsons rented, told sheriff’s officials July 9 that the house had new carpet and paint and one of the bathrooms had been remodeled before the Davidsons moved into the house in 2019, according to the police report. The landlord also said he was not aware of any police or DCFS investigations at the house, according to the report.

Sheriff’s officials also found multiple prescription bottles for about 10 different medications among the bedrooms of the Boulder Hill house, according to the police report.

• Kendall County Now news reporter Lucas Robinson contributed to this report.