Death penalty for man accused of killing Audrii Cunningham

POLK COUNTY — According to our news partner KETK, the Polk County District Attorney’s Office will be seeking the death penalty for the man accused of killing 11-year-old Audrii Cunningham in February. A trial date for Don Steven McDougal has not been set as the case is still an open investigation. McDougal is facing one charge of capital murder for Cunningham’s death. Officials said a final decision will be made once all evidence has been received.

He is charged with capital murder because Audrii was under 15, and because the killing allegedly occurred while he was committing the felony of kidnapping her.

The Polk County Sheriff’s Office said McDougal was a family friend of the Cunningham’s and lived on their property in a camper. On Feb. 15, McDougal left with Audrii in his 2003 Chevrolet Suburban with the supposed plan of dropping her off at the school bus stop outside of the subdivision.

Authorities said Audrii never made it to Creekside Elementary school that day. An Amber Alert was issued for Audrii later that night and law enforcement began searching for her.

Polk County Sheriff Byron Lyons said with the help of the Trinity River Authority, Audrii’s body was found in the river near SH 59 south on the Polk and San Jacinto county line on Feb. 20.

“We were able to contact TRA, Trinity River Authority, and they slowed down the outflow from the reservoir and it allowed the water to go down, and her body was discovered there in the water,” Lyons said.

Her body was reportedly found tied to a large rock and “rope used was consistent with rope that was observed in McDougal’s vehicle on a traffic stop two days prior.”

Lyons said cell phone analysis, videos collected by authorities and information from McDougal helped pinpoint several points of interest in the search for Audrii.

Audrii’s body was then taken to the Harris County medical Examiner’s Office where they ruled her cause of death as “homicidal violence with blunt head trauma.”