POLK COUNTY, Texas (KETK) – The Polk County District Attorney’s Office said that Don Steven McDougal has pleaded guilty to the Feb. 2024 kidnapping and murder of 11-year-old Audrii Cunningham.
McDougal’s plea agreement means he will spend the rest of his life in prison and will never be eligible for parole. The district attorney’s office had originally asked for the death penalty back in August but they explained that McDougal has a documented history of intellectual and developmental disabilities that legally limit him from being executed.
“After intense and diligent review of the law and medical records, the determination was made that Don Steven McDougal was not eligible for a death penalty sentence under the existing law. This resolution ensures that Don Steven McDougal is being punished to the fullest extent available under the existing law and spares the family the emotional toll of a prolonged trial and appeal process.”
Shelly Bush Sitton, Polk County District Attorney
Audrii was the subject of a Feb. 15, 2024 Amber Alert after she never showed up to school at Creekside Elementary. The Polk County Sheriff’s Office and the Trinity River Authority then found Audrii’s body in the Trinity River on Feb. 20 near the Polk and San Jacinto county line under State Highway 59 south.
Her body was found rope tied to a large rock after the Trinity River Authority lowered the output on the reservoir which lowered the river level, according to Polk County Sheriff Byron Lyons.
Courtesy of Polk County Sheriff’s Office
McDougal lived in a camper on the Cunningham’s property and was tasked with dropping Audrii off at the bus stop in his 2003 Chevrolet Suburban on the day she didn’t show up for school.
The rope used to tie Audrii to the rock was reportedly consistent with rope seen in McDougal’s vehicle during a traffic stop. Additionally, officials said cell phone data and video footage placed McDougal at three locations of interest, including at the Trinity River.
McDougal was charged with capital murder after officials said he had lied about his location on Feb. 15. McDougal was then indicted by a Polk County Grand Jury on two counts of capitol murder in April.
Records from the Harris County Medical Examiner’s Office listed Audrii’s cause of death as “homicidal violence with blunt head trauma.”
“The plea represents the culmination of months of diligent work by prosecutors, law enforcement and support staff. The Polk County District Attorney’s Office would like to thank everyone involved for their hard work and dedication on this case to bring justice for Audrii.”
Shelly Bush Sitton, Polk County District Attorney
According to Houston-area NBC affiliate KPRC, Audrii’s father, aunt, grandmother and grandfather spoke in court on Friday to give victim impact statements.
“She gave my family purpose, and you stole that from me,” Audri’s father Josh Cunningham said. “I hope you have a very short life sentence.”
“There’s no punishment severe enough for the things that you have done,” Audrii’s aunt Julie said.
“You took away the life of our little angel. Your punishment in this life will never fit the crime. Nothing will ever bring her back, and that’s your fault,” Audri’s grandmother Tabitha Munsch said. “May you rot in hell.”
“May you burn in the eternity and the flames of hell,” Audrii’s grandfather Philip Munsch said.
