Boulder Hill man sentenced to 12 year prison term in stepdaughter’s death

YORKVILLE – A man convicted of involuntary manslaughter in the prescription drug overdose death of his six-year-old stepdaughter has been sentenced to 12 years in prison.

Kendall County Presiding Judge Robert Pilmer imposed the sentence for James Davidson, 30, of Boulder Hill during a hearing on April 26 at the Kendall County Courthouse.

Stepdaughter Kerrigan Rutherford was found dead on July 2, 2020 in the family home in the 100 block of Boulder Hill Pass.

James Davidson and wife Courtny Davidson, the girl’s mother, were each charged with involuntary manslaughter and endangering the life and health of a child.

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

Courtny Davidson, 34, is diagnosed as bipolar and authorities found about 10 types of medication in the home, according to court documents.

During James Davidson’s trial, testimony and evidence revealed that both of the Davidsons had given their daughter the pills in order to get her to go to sleep the night of July 1, 2020.

Based on testimony, it appeared the girl had ingested at least five 10 mg capsules of the drug, which is not intended for children.

On Feb. 16, 2022, a Kendall County jury found James Davidson guilty of involuntary manslaughter and endangering the life and health of a child after a three-day trial.

Involuntary manslaughter is a Class 2 felony that carries a potential sentence of 3 to 14 years in prison, while endangering the life or health of a child is a Class 3 felony that can carry up to 10 years.

Davidson will receive credit for 629 days served in the Kendall County jail.

Kendall County First Assistant State’s Attorney Mark Shlifka said no sentence was imposed for the lesser charge of endangerment. He said that with good behavior, Davidson will be eligible for a reduction of one day for each day served in prison.

Meanwhile, Courtny Davidson, who pleaded not guilty at her arraignment on Sept. 9, 2020, is expected to change her plea to guilty at a hearing before Pilmer on May 5.