BREAKING: Mom pleads guilty to involuntary manslaughter in daughter’s death, gets 10 years

YORKVILLE – The tragic case of 6-year-old Kerrigan Rutherford has come to an end with a guilty plea to involuntary manslaughter by her mother.

Courtny Davidson, 34, of Boulder Hill entered the guilty plea May 5 before Kendall County Presiding Judge Robert Pilmer, who sentenced the woman to a 10-year prison term under a plea deal with the Kendall County State’s Attorney’s Office.

Davidson’s husband and the girl’s stepfather, James Davidson, 30, was sentenced to 12 years in the case April 26. He was convicted of involuntary manslaughter by a Kendall County jury Feb. 16 after a three-day trial.

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

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 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 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 use by children.

Involuntary manslaughter is a Class 2 felony that carries a potential sentence of 3 to 14 years in prison.

Courtny Davidson appeared before Pilmer with defense attorney Michael Blake of Batavia to change her original not guilty plea, entered Sept. 9, 2020, to guilty.

Earlier that morning, Kendall County First State’s Attorney Mark Shlifka made the plea offer to Blake.

“I thought it was fair offer,” Blake said. “I didn’t think we could do better. I think [the prosecution’s] case was pretty solid.”

Noting that James Davidson has received 12 years, Blake said: “I think Courtny was a little less culpable.”

Shlifka confirmed he had offered the deal despite knowing that Courtny Davidson planned to change her plea to guilty.

“The offer was made because she was willing to accept responsibility for her crime,” Shlifka said. “Justice has been done for Kerrigan, or the closest thing to justice.”

Blake said the Davidsons have given up their parental rights for a second daughter, 3 years old at the time of Kerrigan’s death, who has been living with Courtny’s sister.

Courtny Davidson stood handcuffed before the judge in an orange jail jumpsuit. At Pilmer’s suggestion, she lowered the black mask she was wearing so her responses could be heard.

In a soft voice she replied “yes sir,” to a series of questions from the judge asking if she was willingly changing her plea and understood the consequences. She made no other statements.

Davidson will receive credit for 638 days served in the Kendall County jail.

With good behavior, Davidson will be eligible for a prison term reduction of one day for each day served.

A $2,000 fine was erased as part of the arrangement. However, a felony assessment charge of $549 and a DNA test charge of $250 cannot be waived, Shlifka said.