LIVINGSTON, Texas — A man who has been called a family friend is now charged with capital murder in the disappearance and death of 11-year-old Audrii Cunningham.
Court records showed Wednesday that Don Steven McDougal, 42, of Livingston was officially charged with capital murder of a person younger than 15. He was denied bond, according to a justice of the peace.
McDougal was already in jail on an unrelated aggravated assault charge.
Audrii's body was found Tuesday in the Trinity River under US-59, according to Polk County Sheriff Byron Lyons. Authorities had been searching for her since she was reported missing last week. Her body was taken to Harris County for an autopsy to determine her cause of death.
Audrii goes missing
The last time Audrii was seen was Thursday at 6:45 a.m. Investigators learned she never got on the school bus that morning and she wasn't at school all day. She was reported missing when she didn't get off the school bus that afternoon.
Authorities said McDougal was friends with the family and had taken Audrii to the bus stop and school before.
An AMBER Alert was issued.
Search efforts were initially focused on a southern area of Lake Livingston.
Over the weekend, Texas EquuSearch was seen looking for her in an area near I-69 and the Trinity River.
In the last few days, investigators narrowed their search to the area near the Trinity River Bridge. Ultimately, that's where her body was found.
During the investigation, McDougal told authorities about multiple locations that he visited after Audrii went missing. One of those locations ended up being where her body was found.
McDougal's criminal history
According to Lt. Craig Cummings with the Texas Department of Public Safety, McDougal was friends with the family and lived in a camper behind the home where Audrii lived with several of her family members
McDougal is an ex-con with a rap sheet that dates back to 2001. He's been arrested in Harris, Montgomery and Liberty counties numerous times over the last two decades.
- In 2001, he was convicted of possession of marijuana in Liberty County.
- In 2003, he was convicted of possession of marijuana in Harris County.
- In 2003, he was convicted of possession of a dangerous drug in Liberty County.
- In 2005, he was convicted in Baytown for evading arrest or detention.
- In 2006, he was convicted of possession of a controlled substance and theft by the Harris County Sheriff's Office.
- In 2006, he was convicted of assault on a public servant.
- In 2008, he was convicted of enticing a child with intent out of Brazoria County.
- In 2009, he was convicted of unauthorized use of a vehicle in Harris County.
- In 2010, he was convicted of aggravated assault with a deadly weapon.
- In 2014, he was convicted of theft and reckless driving by HCSO.
- In 2019, he pleaded guilty to aggravated assault in Liberty County.
- In 2023, he was convicted of resisting arrest.
Records show that McDougal has served time in jail on numerous convictions.
During the search for Audrii, McDougal was taken into custody on an aggravated assault with a deadly weapon charge. According to court documents, McDougal stabbed a man in the back last August. McDougal and a woman the victim knew came to his home to ask for help and claimed his car battery was dead. The victim was jumping the car when McDougal stabbed him from behind, according to court records.
After Audrii went missing, the victim recognized McDougal as his alleged attacker and contacted the Polk County Sheriff's Office. They charged McDougal and locked him up in jail while the search for Audrii continued.
Before Audrii's body was found, McDougal was identified by authorities as the "main person of interest." They said he answered questions and even told investigators where he visited on the day of Audrii's disappearance. They found a wet backpack believed to be Audri's at one of those locations.
In a news conference on Monday, Lyons said McDougal was likely the last person to see Audrii alive. Lyons also said McDougal admitted to leaving the house with her.
Lyons also confirmed that McDougal has ties to the Aryan Brotherhood.