McDougal indicted for capital murder for death of Audrii Cunningham

By Emily Banks Wooten
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A Polk County grand jury met Monday and indicted Don Steven McDougal, 42 of Livingston, on a two-count capital murder indictment in conjunction with the death of 11-year-old Audrii Cunningham of Livingston, according to the Polk County District Attorney’s Office.

Count 1 of the indictment states that McDougal on or about Feb. 20, 2024 intentionally and 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, and was in the course of committing or attempting to commit the offense of kidnapping.

An Amber Alert was issued for the Livingston fifth grader on the evening of Feb. 15 after it was discovered that she had not boarded her school bus that morning or attended school that day.

A five-day search that involved law enforcement officials and first responders from all over Southeast Texas came to an end Feb. 20 when law enforcement officials located the 11-year-old’s body in the Trinity River under the U.S. Hwy. 59 Trinity River bridge.

While the case has been assigned to the 411^th Judicial District Court, no court dates have been set at this time.