Found Deceased 11-year-old Livingston, TX Girl - Audrii Cunningham - *ARREST* #2

[Niner]

Polk County DA seeks death penalty for Audrii Cunningham's suspected murderer

The Livingston man suspected of killing 11-year-old Audrii Cunningham in February now faces death.

www.ktre.com

Aug. 8, 2024

LIVINGSTON, Texas (KTRE) - The Livingston man suspected of killing 11-year-old Audrii Cunningham in February now faces death.

According to a pretrial motion, the Polk County District Attorney’s office is seeking the death penalty for Don Steven McDougal, 42, in his trial for Cunningham’s murder. A trial date has not yet been set, but McDougal is next set for a court appearance on Aug. 21.

 

[tlcya]

McDougal is next set for a court appearance on Aug. 21.

thanks @Niner, for this update. Looking forward to the 21st.

 

[PommyMommy]

AUG 8, 2024

Portrait of Audrii Cunningham unveiled at Livingston Junior High as they prepare to welcome students

A forensic portrait of Audrii Cunningham, the 11-year-old Polk County girl who was murdered in February, has been unveiled at Livingston Junior High.

www.click2houston.com

Portrait of Audrii Cunningham (Livingston Junior High)

A forensic portrait of Audrii Cunningham, the 11-year-old Polk County girl who was murdered in February, has been unveiled at Livingston Junior High School.

The portrait was hung up on the walls of the school on Monday as the school prepares to welcome students back, including new sixth graders, the class of 2031 for which Cunningham was a part of.

[...]

 

[airportwoman]

Like I said earlier in this story, I just wish Audrii had experienced as much love in her lifetime from those around her as she has from us, who never met her.

 

[Knox]

Has Audrii's Dad ever spoke to the media?

 

[scapa]

Like I said earlier in this story, I just wish Audrii had experienced as much love in her lifetime from those around her as she has from us, who never met her.

Agree -- though she was very much loved by her schoolmates and teachers, as the article posted upthread makes clear.

This one ranks high on my personal list of "Saddest and Most Preventable Crimes on WS" -- a list that unfortunately seems to be evergreen.

 

[B4igo2it]

Audrii's story must be told, her life was taken, and that's just not right. I love the portrait at her school. Fly high little wing.

 

[tlcya]

According to the DA’s office, 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.
https://www.ketk.com/news/local-new...-friend-accused-of-killing-audrii-cunningham/

I know the hope is slim but a girl can dream that others might yet be charged for their egregious acts and omissions.

 

[Niner]

According to the DA’s office, 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.
https://www.ketk.com/news/local-new...-friend-accused-of-killing-audrii-cunningham/

I know the hope is slim but a girl can dream that others might yet be charged for their egregious acts and omissions.

Just an FYI - he has a motions hearing coming up on 8/21.

 

[Niner]

Wednesday, August 21st:
*Motions Hearing (@ 2pm CT) - TX - Audrii Danielle Cunningham (11) missing 2/15/24 & last seen near her resident in the 100 block of Lakeside Drive in Livingston @ 7am. Was issued an Amber Alert. Audrii should have caught the school bus at her neighborhood bus stop, however, school officials reported to the Sheriff's Office that the school bus did not pick Audrri up, nor did she report to school. Don Steven McDougal is the man who supposedly dropped Audrii off at the bus stop. Now a POI (2/17/24). Audrii was found near the area around US-59 & the Trinity River Bridge on Feb. 20, 2024. - *Don Steven McDougal (42) arrested (2/16/24-regarding assault charges), arraigned & charged (2/21/24) & indicted (4/23/24) with 2 counts of capital murder (2/20/24), aggravated assault with a deadly weapon (on 2/16/24) & bond surrender-assault causing bodily injury (3/27/24). Held without bond (murder). $500K Surety Bond (assault). $3K Surety Bond (assault-surrender). Was in Polk County jail moved (6/12/24) to Tyler County jail. NO plea entered yet. DA will seek the DP (8/8/24). Polk County/NOW Tyler County
411th Judicial District Court Judge John Wells III presiding. Polk County DA Shelley Bush-Sitton. Defense attorney Chad Etheridge.
Case & Court info from 2/16/24 thru 2/22/24 reference post #338 here:
https://www.websleuths.com/forums/t...irl-audrii-cunningham-arrest-2.704941/page-17
2/24/24 Update: McDougal's arraignment was on Wednesday, 2/21/24. There is body cam video that was made available on Friday, 2/23/24. McDougal was nude & wore only a blanket wrapped around his waist to be arraigned. The body-worn camera video by Polk County sheriff's deputies as they pulled McDougal out of his jail cell for an arraignment in front of the justice of the peace. McDougal's arraignment was on Wednesday, 2/21/24. In the two-minute-long video, the most striking element is that he is not wearing any clothing. During his arraignment, he stated he would hire his own attorney. “Your charge is capital murder. That's no bond," the justice of the peace says. The next step should be an official indictment after the case is presented to a grand jury. 3/2/24 Update: Chad Etheridge has been appointed to represent McDougal. 4/17/24 Update: McDougal due in court on 4/17/24 regarding firearms charges. 4/17/24 Update: A $500K Bond set on aggravated assault with a deadly weapon charge (not involved with Audrii’s case).
4/23/24 Update: McDougal indicted for 2 counts of capital murder by the Polk County Grand Jury. Count 1 of the indictment states that McDougal on or about Feb. 20, 2024 intentionally & knowingly caused the death of an individual, namely Audrii Cunningham, an individual 10 years of age or older but younger than 15 years of age, by blunt force trauma to the head with an object, unknown to the grand jury. Count 2 of the indictment states that McDougal on or about Feb. 20, 2024 intentionally caused the death of an individual, namely Audrii Cunningham, by blunt force trauma to the head with an object, unknown to the grand jury & was in the course of committing or attempting to commit the offense of kidnapping. While the case has been assigned to the 411th Judicial District Court with John Wells II presiding, no court dates have been set at this time.
6/12/24 Update: On Wednesday, a hearing was held where motions were filed & granted for depositions to be held. Next motions hearing on 8/21/24 @ 2pm/Polk County District Attorney Shelley Bush-Sitton also said her office is still considering whether to formally pursue the death penalty should McDougal be convicted. Bush-Sitton said that reports & other information will need to be fully gathered before a final decision is made, though.
8/8/24 Update: According to a pretrial motion, the Polk County DA’s office is seeking the death penalty for McDougal in his trial for Cunningham’s murder. A trial date has not yet been set, but McDougal is next set for a court appearance on 8/21/24 @ 2pm.

 

[Niner]

@PommyMommy - any updates yet on this case? And any news on his hearing? I am just getting articles from June, 2024. TIA!

 

[PommyMommy]

@PommyMommy - any updates yet on this case? And any news on his hearing? I am just getting articles from June, 2024. TIA! View attachment 526303

It's still showing the same entries as before.

Court Events
1
Event Date and TimeOct 02, 2024 08:00 AM CDT
Event StatusScheduled
Event TypeHearing
2
Event Date and TimeJun 12, 2024 08:00 AM CDT
Event StatusScheduled
Event TypeArraignment

VINELink

vinelink.vineapps.com

 

[Niner]

It's still showing the same entries as before.

Court Events
1
Event Date and TimeOct 02, 2024 08:00 AM CDT
Event StatusScheduled
Event TypeHearing
2
Event Date and TimeJun 12, 2024 08:00 AM CDT
Event StatusScheduled
Event TypeArraignment

VINELink

vinelink.vineapps.com

Thanks - I shall move him to 10/2.

 

[Boots38]

Not afraid to say it; One look at that guy and there’s not a chance in h@11 he’d be anywhere near my kids or my dogs let alone living with me.

This poor baby. My heart is broken for her and those who loved her.

May I ask why? I have noticed that looks don't make someone a monster there are multiple cases involving children being hurt or killed by someone no one would expect by looking at them.

 

[iamshadow21]

May I ask why? I have noticed that looks don't make someone a monster there are multiple cases involving children being hurt or killed by someone no one would expect by looking at them.

I agree, a child abuser can look like anyone. But if someone covers themself in Nazi tats, I'm going to take that they way it's intended by the individual. As a warning.

MOO

 

[Boots38]

I agree, a child abuser can look like anyone. But if someone covers themself in Nazi tats, I'm going to take that they way it's intended by the individual. As a warning.

MOO

As a parent that has over 70 tattoos I don't believe someone's appearance is cause for warning when it comes to things in life. The system failed this beautiful child as well as the first victim. We constantly see cases here where the system failed and children have died at the hands of their families, teachers, and strangers most of which didn't have tattoos. Tattoos don't make a person a monster. JMO

 

[iamshadow21]

As a parent that has over 70 tattoos I don't believe someone's appearance is cause for warning when it comes to things in life. The system failed this beautiful child as well as the first victim. We constantly see cases here where the system failed and children have died at the hands of their families, teachers, and strangers most of which didn't have tattoos. Tattoos don't make a person a monster. JMO

I agree. It's not the fact that there are tattoos that is the issue I have. It what those tattoos were of, and what displaying those tattoos openly says about the individual. He wore symbols of violence, hate, and genocide openly and with pride. That combined with his criminal history should have been enough to give someone pause in allowing unrestricted access to their daughter.

MOO

 

[tlcya]

I agree. It's not the fact that there are tattoos that is the issue I have. It what those tattoos were of, and what displaying those tattoos openly says about the individual. He wore symbols of violence, hate, and genocide openly and with pride. That combined with his criminal history should have been enough to give someone pause in allowing unrestricted access to their daughter.

MOO

agreed, as a person who has several tats and hangs with bikers who are covered in them, more often than not, it's the subject matter of the ink that should have given the adults in this case pause about this accused.

 

[al66pine]

Tattoos. Generally? This Case?

Recently read something like this, my paraphrasing ---
I'm old enough to remember when getting even one small tattoo was a sign of rebellion; now full sleeves of both arms & ink covering much more are viewed as signs of conformity.

Yeah, I'm that old too. lol.

The subject matter? content? wording? images? of tattoos is usu. meant to convey a message about the bearer, at least initially when getting them & sometimes for decades thereafter, imo.
But sometimes some ppl change their minds, religion, politics, radical beliefs, etc. and their tatts no longer reflect their current thinking.

Don Steven McDougal's tattoos?
My guess --- likely still his initially intended message(s). ICBWrong.
But IDK if tattoos or their content are actually relevant to the crim case. Seems jurors will notice them.

His ink may have served as warning signs to prompt people about dangers of his unsupervised presence around minors. But seems imo, if known or searched for online, his criminal convictions may have been just as revealing.

Regardless, hoping that the perp is convicted and appropriately sentenced.

RIP Audrii.

 

[Niner]

Wednesday, October 2nd:
*Status Hearing (@ 8am CT) - TX - Audrii Danielle Cunningham (11) missing 2/15/24 & last seen near her resident in the 100 block of Lakeside Drive in Livingston @ 7am. Was issued an Amber Alert. Audrii should have caught the school bus at her neighborhood bus stop, however, school officials reported to the Sheriff's Office that the school bus did not pick Audrri up, nor did she report to school. Don Steven McDougal is the man who supposedly dropped Audrii off at the bus stop. Now a POI (2/17/24). Audrii was found near the area around US-59 & the Trinity River Bridge on Feb. 20, 2024. - *Don Steven McDougal (42) arrested (2/16/24-regarding assault charges), arraigned & charged (2/21/24) & indicted (4/23/24) with 2 counts of capital murder (2/20/24), aggravated assault with a deadly weapon (on 2/16/24) & bond surrender-assault causing bodily injury (3/27/24). Held without bond (murder). $500K Surety Bond (assault). $3K Surety Bond (assault-surrender). Was in Polk County jail moved (6/12/24) to Tyler County jail. NO plea entered yet. DA will seek the DP (8/8/24). Polk County/NOW Tyler County
411th Judicial District Court Judge John Wells III presiding. Polk County DA Shelley Bush-Sitton. Defense attorney Chad Etheridge.
Case & Court info from 2/16/24 thru 6/12/24 reference post #590 here:
https://www.websleuths.com/forums/t...irl-audrii-cunningham-arrest-2.704941/page-30
8/8/24 Update: According to a pretrial motion, the Polk County DA’s office is seeking the death penalty for McDougal in his trial for Cunningham’s murder. A trial date has not yet been set, but McDougal is next set for a court appearance on 8/21/24 @ 2pm.
8/21/24 Update: No info on motions hearing. Next status hearing on 10/2/24 @ 8am.