Final pretrial dates set for suspects in death of 6-year-old Boulder Hill girl

Courtny and James Davidson, mother and stepfather of Kerrigan Rutherford, will face hearings in late January

Courtny A. Davidson, James A. Davdison

YORKVILLE - The mother and stepfather of a 6-year-old girl found dead in a Boulder Hill subdivision home in July will have their final pretrial hearings in late January, 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 Jan. 25 on charges of involuntary manslaughter and endangering the life or health of a child.

The charges against the Davidsons stem from the death of their daughter, Kerrigan Rutherford, who was found dead at the family’s residence in the unincorporated subdivision July 2.

Courtney and James Davidson face one count of involuntary manslaughter, a Class 2 felony that carries up to 14 years in prison, and two counts of endangering the life or health of a child, a Class 3 felony that can carry up to 10 years.

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

Courtny and James Davidson appeared in court remotely Monday and Tuesday, respectively. Kendall County Judge Robert Pilmer granted their attorney’s request for a final pretrial hearing late next month in order to receive more medical documentation for both defendants.

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 Department of Children and Family Services 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 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” of the kitchen, one sheriff’s detective wrote in the report.

The landlord for the house, which the Davidsons rented, told sheriff’s officials July 9 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, 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.