TX AUDRII CUNNINGHAM: Missing from Livingston, TX - 15 Feb 2024 - Age 11 *Found Deceased*

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abc13.com

11-year-old Audrii Cunningham's mom says missing girl's backpack may have been found in search area

"Right now, I'm empty," the mother of the missing 11-year-old said. "I'm being told that they have possibly found her backpack in this area, but no signs of her."
abc13.com abc13.com

Amber Alert triggered for 11-year-old Audrii Cunningham, who may have been abducted, Texas DPS says​

Texas authorities are working on an active investigation for a missing 11-year-old girl from Livingston.

According to the Texas Department of Public Safety, Audrii Cunningham was last seen at about 7 a.m. on Feb. 15 in the 100 block of Lakeside Drive in Polk County.

Her family first reported Audrii missing at about 5:30 p.m. Thursday when she didn't arrive home on the school bus. The investigation then discovered that Audrii never got on the school bus that morning.

According to Lt. Craig Cummings with Texas DPS, investigators are actively talking with persons of interest in the case. They have search boats in the area and are bringing in dogs and additional equipment.

In a press conference on Friday afternoon, Lt. Cummings described the situation as an "all-hands-on-deck investigation." The FBI is assisting the Texas Rangers, the Polk County and San Jacinto County sheriff's offices.

DPS refused to give any further specifics about how Audrii may have vanished. They are talking with persons of interest. Audrii's family is said to be fully cooperating with authorities.

"The focus right now is on bringing Audrii home," Lt. Cummings said.

Adding that "no tip is too small," authorities urge anyone who may have seen Audrii to contact the Polk County Sheriff's Office at 936-327-6810.

Media - AUDRII CUNNINGHAM: Missing from Livingston, TX - 15 Feb 2024 - Age 11
 
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SheWhoMustNotBeNamed said:
So he was indicted by a grand jury for attempted indecency with a child. First link/snippet.
He ended up pleading to enticing a child. Second link/snippet. - This charge mentions nothing about attempted sexual contact and he didn't have to register.

Section 21.11 - Indecency With A Child, Tex. Pen. Code § 21.11 | Casetext Search + Citator

Read Section 21.11 - Indecency With A Child, Tex. Pen. Code § 21.11, see flags on bad law, and search Casetext’s comprehensive legal database
casetext.com
(a) A person commits an offense if, with a child younger than 17 years of age, whether the child is of the same or opposite sex and regardless of whether the person knows the age of the child at the time of the offense, the person:(1) engages in sexual contact with the child or causes the child to engage in sexual contact; or(2) with intent to arouse or gratify the sexual desire of any person:(A) exposes the person's anus or any part of the person's genitals, knowing the child is present; or(B) causes the child to expose the child's anus or any part of the child's genitals.(b) It is an affirmative defense to prosecution under this section that the actor:(1) was not more than three years older than the victim and of the opposite sex;(2) did not use duress, force, or a threat against the victim at the time of the offense; and(3) at the time of the offense:(A) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or(B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section.(b-1) It is an affirmative defense to prosecution under this section that the actor was the spouse of the child at the time of the offense.(c) In this section, "sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:(1) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a child; or(2) any touching of any part of the body of a child, including touching through clothing, with the anus, breast, or any part of the genitals of a person.(d) An offense under Subsection (a)(1) is a felony of the second degree and an offense under Subsection (a)(2) is a felony of the third degree.

Sec. 25.04. ENTICING A CHILD. (a) A person commits an offense if, with the intent to interfere with the lawful custody of a child younger than 18 years, he knowingly entices, persuades, or takes the child from the custody of the parent or guardian or person standing in the stead of the parent or guardian of such child.
(b) An offense under this section is a Class B misdemeanor, unless it is shown on the trial of the offense that the actor intended to commit a felony against the child, in which event an offense under this section is a felony of the third degree.
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There’s so many out there! That’s why we have to watch our children so closely. There are at least two deputy detectives assigned to just monitoring the Internet for child porn and child endangerment, and our county is very small compared to most in the country.
 
abc13.com

Authorities declare crime scene in case of 11-year-old girl who vanished 6 days ago in Livingston

Texas DPS officials are expected to give an update on Tuesday following Audrii Cunningham's Feb. 15 disappearance.
abc13.com abc13.com

Authorities declare crime scene in case of 11-year-old girl who vanished 6 days ago in Livingston​

An area where search efforts were being made for missing 11-year-old Audrii Cunningham is now a crime scene, authorities announced on Tuesday.

According to Texas DPS Lt. Craig Cummings, the crime scene includes an area around US-59 and the Trinity River Bridge.


Following Audrii's disappearance, Lyons said McDougal agreed to take investigators to several locations, including the Livingston Dam, where investigators discovered what they believe to be the girl's wet backpack.

Authorities are being very cautious with the information McDougal gives them, and volunteers are helping verify McDougal's leads, Lyons said, stressing that McDougal has not confessed to anything in connection with Audrii's disappearance.
 
RoundPeg said:
I think we all knew this was coming, but it's a blow. Her grandmother and her father failed her miserably, in my opinion.
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As did her mother, I'm sorry to say. People! Put your kids FIRST in all things! It's worth the sacrifice in the end. Believe me!!!!!!

I do feel terrible for her family, nonetheless. None of them deserved this outcome.
 
www.cbs19.tv

Audrii Cunningham's body found at Trinity River near US-59, sheriff says

Audrii Cunningham has been missing since Thursday morning.
www.cbs19.tv www.cbs19.tv

Audrii Cunningham's body found at Trinity River near US-59, sheriff says​

Audrii Cunningham's body was found Tuesday at the Trinity River near US-59, according to Polk County Sheriff Byron Lyons.

The body was found at the Trinity River near US-59. A medical examiner will determine the cause of death.

The Polk County District Attorney is in the process of preparing an arrest warrant for Don Steven McDougal, who was initially the person of interest in the disappearance of Audrii. He will face a capital murder charge,
 
www.click2houston.com

What’s next for Audrii Cunningham’s accused killer?

The five-day search for missing 11-year-old Audrii Cunningham ended Tuesday when her body was found in the Trinity River. The Polk County Sheriff's office says they're building a capital murder case against the prime suspect in her death, Don Steven McDougal.
www.click2houston.com www.click2houston.com

What’s next for Audrii Cunningham’s accused killer?​

The Polk County Sheriff’s Office says they are building a capital murder case against the prime suspect in her death, Don Steven McDougal.

KPRC 2 reporter Deven Clarke spoke with attorney Ed McClees about what the next steps in that legal process will be.

“Capital murder, think of it as murder ‘plus’.” McClees says. “It’s an intentional and knowing killing that has another aggravating factor associated with it. Those are all listed in the statute.”

Factors can include the victim’s age or whether the murder happened during the course of a kidnapping or a sexual assault. Right now, investigators say those details and other evidence are still being collected and examined to determine whether prosecutors will seek the death penalty.

McDougal also faces mandatory life without parole if convicted.

McClees says, ultimately, a sentence would hinge on what answers prosecutors can get from the jury.

“Certain answers from the jury on two specific questions, one is essentially whether or not this person presents a continuing threat to society and the second is whether or not there’s mitigating information.”
 
RoundPeg said:
I'm understanding she lived with her grandmother (who had custody) and her father. Does anyone know if the biological grandfather is in the household?
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On the Facebook group, which I delved into in the beginning, they all said it was just the grandmother and the father. But that’s unofficial. They haven’t said much about her immediate family in the news media.
 
www.whio.com

Suspect in death of 11-year-old Audrii Cunningham charged with capital murder

Don Steven McDougal, 42, has been charged with capital murder after authorities found Audrii's body in Texas' Trinity River on Tuesday.
www.whio.com www.whio.com

Suspect in death of 11-year-old Audrii Cunningham charged with capital murder​

Authorities have charged the man suspected of killing 11-year-old Audrii Cunningham with capital murder after officials found the child’s body in the Trinity River on Tuesday.

Records from Polk County Jail show the charge filed against Don Steven McDougal, 42, who was earlier jailed on an unrelated charge of aggravated assault.



The sheriff said authorities continued Tuesday to process “mounds and mounds of information” gathered in the case, including videos shared by the community, cellphone analysis and information gleaned from interviews.

“The information that we have gathered in this criminal investigation is substantial,” he said.

It remained unclear Wednesday how Audrii died. Lyons said her body had been taken to the Harris County Medical Examiner’s Office to determine her cause and manner of death. Polk County District Attorney Shelly Sitton said that authorities will review the autopsy before considering whether to seek the death penalty against McDougal.

“Until we get all the evidence and all the autopsy reports, we’re going to have to hold and work with law enforcement to determine what is the best solution to this case,” Sitton said. “If the evidence supports, that is something that we’re going to look in to.”
 
www.click2houston.com

TIMELINE: What we know about capital murder suspect in 11-year-old Audrii Cunningham’s death

Authorities said a person of interest in the disappearance of 11-year-old Audrii Cunningham was arrested Friday on an unrelated charge.
www.click2houston.com www.click2houston.com

KPRC 2 Investigates has received a copy of the police radio transmissions made the night the family reported Cunningham missing.


‘Can I get an enroute to xxx drive. This is going to be for a missing person call. Caller states her granddaughter was dropped off at the bus stop about 7 a.m, this morning, and never made it on the bus and hasn’t been since... female is about 4′11″ blond hair, blue eyes, last seen wearing a dark colored jacket.’

Shortly after 7 p.m. police returned to the radio with the following conversation, ‘Missing juvenile, called in from the county. They want us to check that address to see if she’s there. It’s supposed to be the mom’s address. The mom does not have custody, of her, never had custody of her, and has made threats recently to kidnap her.’

The address of the second location was not disclosed on the radio transmission.

Shortly after 8 p.m. another radio transmission went out from the dispatch center. It was a request for police to check out a tattoo shop for the missing girl. ‘Off 190 for a missing juvenile, out of the county, juvenile details will be in the call card, that one tattoo shop in town. It’s gonna be Rockbottom Studio and Treasure... OPD [Onalaska) advise they just left the tattoo shop and the female hasn’t been seen there.’

In that same sequence of dispatch transmissions, an officer requested the name and phone number of the [school] bus driver.
 
SheWhoMustNotBeNamed said:
www.click2houston.com

TIMELINE: What we know about capital murder suspect in 11-year-old Audrii Cunningham’s death

Authorities said a person of interest in the disappearance of 11-year-old Audrii Cunningham was arrested Friday on an unrelated charge.
www.click2houston.com www.click2houston.com

KPRC 2 Investigates has received a copy of the police radio transmissions made the night the family reported Cunningham missing.


‘Can I get an enroute to xxx drive. This is going to be for a missing person call. Caller states her granddaughter was dropped off at the bus stop about 7 a.m, this morning, and never made it on the bus and hasn’t been since... female is about 4′11″ blond hair, blue eyes, last seen wearing a dark colored jacket.’

Shortly after 7 p.m. police returned to the radio with the following conversation, ‘Missing juvenile, called in from the county. They want us to check that address to see if she’s there. It’s supposed to be the mom’s address. The mom does not have custody, of her, never had custody of her, and has made threats recently to kidnap her.’

The address of the second location was not disclosed on the radio transmission.

Shortly after 8 p.m. another radio transmission went out from the dispatch center. It was a request for police to check out a tattoo shop for the missing girl. ‘Off 190 for a missing juvenile, out of the county, juvenile details will be in the call card, that one tattoo shop in town. It’s gonna be Rockbottom Studio and Treasure... OPD [Onalaska) advise they just left the tattoo shop and the female hasn’t been seen there.’

In that same sequence of dispatch transmissions, an officer requested the name and phone number of the [school] bus driver.
Click to expand...
So, the caller said the mom made threats to kidnap her. No wonder at first they said they were looking for multiple suspects.
 
www.12newsnow.com

Court documents reveal disturbing new evidence in death of Audrii Cunningham

McDougal has been charged with capital murder in the death of the 11-year-old Livingston girl who had been missing for six days.
www.12newsnow.com www.12newsnow.com

Court documents reveal disturbing new evidence in death of Audrii Cunningham​

According to court records, when divers found Audrii, her body was attached to a large rock that was tied on with a rope. It was consistent with rope seen in McDougal's vehicle during a traffic stop two days before Audrii vanished, records show. An autopsy is being done in Harris County to determine how the 11-year-old Livingston girl died.

The charging document says cellphone records and video surveillance of McDougal's 2003 Chevrolet Suburban led them to the area under the Trinity River bridge near State Hwy 59 where Audrii's body was eventually found. The same records and video also proved that McDougal lied about his whereabouts and activities on the day Audrii disappeared, according to the document.

Searchers were initially focused on a southern area of Lake Livingston because McDougal claimed that's where he went after he dropped Audrii off at the bus stop. On Friday, they found a wet backpack believed to be Audrii's in that area.


Records show McDougal has a lengthy criminal history that dates back to 2001 when he was charged with possession of marijuana out of Liberty County. The following year, he was hit with an assault of a public servant charge.
  • In 2003, he was charged with possession of a dangerous drug in Liberty County.
  • In 2005, he was arrested in Baytown for evading arrest or detention.
  • In 2006, he was charged with possession of a controlled substance and theft by the Harris County Sheriff's Office.
  • In 2007, he was convicted of enticing a minor with intent out of Brazoria County.
  • In 2009, he was charged with unauthorized use of a vehicle in Baytown.
  • In 2010, he was charged by HCSO for aggravated assault with a deadly weapon.
  • In 2014, he was charged with theft and reckless driving by HCSO.
  • In 2019, the Liberty County Sheriff's Office charged him with aggravated assault causing serious bodily injury.
  • In 2020, HCSO charged him with harassment.
  • In 2023, Conroe police charged him with resisting arrest.
Records show that McDougal served two years in prison in Huntsville between September 2020 and September 2022.

According to court documents, McDougal stabbed a man in the back last August in Polk County. The victim said McDougal and a woman he 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.

Lyons also confirmed that McDougal has ties to the Aryan Brotherhood.
 
Managed to follow basically all of this since beginining catching up on YT in morn or night., see all pressers and so on.

AWFUL case. Had little hope from the start.

I don't know the entire story of grandma and dad versus mom but that all matters. Seen some sh*t but depends on who you believe of course. I can say it is entirelyk possible that a system left mom in a place she could not fight the b.s. by those funded and a judge who cares less OR leans one way. However, an educated guess would be mom wasn't perfect either.

I've heard of no grandpa. Haven't read all posts here but would guess they are similar to full coverage I've seen of all. Claim is grandma had custody not dad but that needs explanation too.

This guy's record and life ways is enough in no way should have been some "caretaker" of Audrey allowed or endorsed by grandma and dad. WTF?

Notoriously missing with info here is DAD. Grandma too but DAD particularly.

And yeah grandma claimed mom threatened to kidnap on her 911 call.

Imo it all matters and had BETTER come out including the family court stuff as to how this happened!

Yet aside from that DAD and GRANDMA allowed this and tried to blame someone else AS it seemed this man was also trying to set up mom and so on.

All child cases are the worst and the hardest to understand are family kiling their own BUT this is a strue not "stranger" abduction but someone the put in charge of their child! Souns like there is a lot of iffy enough sh*t on dad too. And as for grandma, WTH? Why wsan't she taking care of her? Yeah, there's a lot more.

All needs to be known but it does not take away from this should have NEVER happened. This man's criminal history!! Pleading down. More.

And I think it is all a bit hokey that he was camping on their property (or was he hiding from some warrant or trouble??) and I don't buy for a minute at least DAD did not know his history. But then who is dad...? Truly and really...?

I don't do FB but I have watched some responsible ones that cut through the comments of nutty people b.s. to the things that are worth knowing.

They are all heartbreaking and nont a one is more so than the other with children, however, this one I think really hits all/most very hard. There is so much wrong in so many areas of it and in every way. WTH was this child even doing with this bunch and where was grandma? I can't imagine mom being so bad she wouldn't have been safer with her but maybe she is a POS too or maybe she just never had the money or a fair judge, and that needs to come out.

Trying to catch up a bit and won't. Harmony's case is the one that I have watched every rare spare moment and am trying to listening to closings now but I've seen most of the trial.

Since WHEN does defense ngo first on closings? Kind of odd to me.

Defense is where I am at, a long way to go, may not catch up.

RIP Audrii. So damned fric*ing unfair.
 
SheWhoMustNotBeNamed said:
www.12newsnow.com

Court documents reveal disturbing new evidence in death of Audrii Cunningham

McDougal has been charged with capital murder in the death of the 11-year-old Livingston girl who had been missing for six days.
www.12newsnow.com www.12newsnow.com

Court documents reveal disturbing new evidence in death of Audrii Cunningham​

According to court records, when divers found Audrii, her body was attached to a large rock that was tied on with a rope. It was consistent with rope seen in McDougal's vehicle during a traffic stop two days before Audrii vanished, records show. An autopsy is being done in Harris County to determine how the 11-year-old Livingston girl died.

The charging document says cellphone records and video surveillance of McDougal's 2003 Chevrolet Suburban led them to the area under the Trinity River bridge near State Hwy 59 where Audrii's body was eventually found. The same records and video also proved that McDougal lied about his whereabouts and activities on the day Audrii disappeared, according to the document.

Searchers were initially focused on a southern area of Lake Livingston because McDougal claimed that's where he went after he dropped Audrii off at the bus stop. On Friday, they found a wet backpack believed to be Audrii's in that area.


Records show McDougal has a lengthy criminal history that dates back to 2001 when he was charged with possession of marijuana out of Liberty County. The following year, he was hit with an assault of a public servant charge.
  • In 2003, he was charged with possession of a dangerous drug in Liberty County.
  • In 2005, he was arrested in Baytown for evading arrest or detention.
  • In 2006, he was charged with possession of a controlled substance and theft by the Harris County Sheriff's Office.
  • In 2007, he was convicted of enticing a minor with intent out of Brazoria County.
  • In 2009, he was charged with unauthorized use of a vehicle in Baytown.
  • In 2010, he was charged by HCSO for aggravated assault with a deadly weapon.
  • In 2014, he was charged with theft and reckless driving by HCSO.
  • In 2019, the Liberty County Sheriff's Office charged him with aggravated assault causing serious bodily injury.
  • In 2020, HCSO charged him with harassment.
  • In 2023, Conroe police charged him with resisting arrest.
Records show that McDougal served two years in prison in Huntsville between September 2020 and September 2022.

According to court documents, McDougal stabbed a man in the back last August in Polk County. The victim said McDougal and a woman he 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.

Lyons also confirmed that McDougal has ties to the Aryan Brotherhood.
Click to expand...
They walk among us. 😡. We need to get tougher on these repeat criminal offenders. Innocent peoples’ lives are at stake!
 
My mantra, letting ipeople off too easily and all of the time and OUT. Forever for trials and appeals and defendant's rights. Now defendants apparently need not appear in court per Montgomery.

I can say one of the worst things was being in a courtroom within feet of the perp. In thinking abou it though, there'd be an entire LACK of the right feeling and process needed for victims for him not to have to be there and face it all and then it is all worth it when they are present and you see them convicted. And that's not abnormal, I would bet just about every famlly member of a victim while hating have to be near him, needs that process too, seen through the end. Just imagine if Kobherger didn't have to show up and how Kaylee's family would feel that he was not required to. It is NOT okay. The defendant demands the trial then does not appear?

The entire system has gone soft and ridiculous in too many cases. Audrii's killer should never have been out nor not on an SO list. Repeated assaults as well.

What were dad and grandma THINKING? Seriously. Who knows though. I'm not sure they weren't part of the attempt to frame the mother however I can't believe they expected him to kill her killed but I can believe they'd let him set her up and he figured he could do this and convince cops AND dad and grandma that the mother did it while he did his sickly planned acts.

This one is warped beyond belief.

Letting someone like him stay on their property was bad enough but if they watched Audrii and never left him alone with her that's one thing, but no, they put him on as basically her babysitter and caretaker and chauffer. WTDH?

Was grandma like oh he's a friend of my dear son's so he's okay? Did they know his history? Give me a break if dad and he were "friends" and good enough ones to let stay there, he knew things about him.

I'm sure it will come out.
 
www.click2houston.com

11-year-old Audrii Cunningham cause of death released

The Harris County Medical Examiner’s Office has released 11-year-old Audrii Cunningham’s cause of death.
www.click2houston.com www.click2houston.com

11-year-old Audrii Cunningham cause of death released​

The Harris County Medical Examiner’s Office has released 11-year-old Audrii Cunningham’s cause of death.

The examiner ruled that Audrii’s primary cause of death was due to “Homicidal violence with blunt head trauma.”

Don Steven McDougal, 42, was charged with capital murder. According to court records, McDougal has been denied a bond.
 
Wow. Quick. No question of alive and then drowned it seems.

Absoutely tragic case but what a heck of a response and investigation by LE in this case and they shared ENOUGH to get ENOUGH further info. So impressed with that part. Held back what they had to but named a POI, asked for video, shared ENOUGH.

Maybe I shouldn't say that? But when stellar seems to have went on it should be called out.

I'm sure there is more to it and they had other info but they MOVED on it big time AND put out requests for other info AND they found her.

Audrii is now with Harmony and COUNTLESS others. So MANY. In a better place.

I can't get over they had this man watching her and taking her to school but grandma puts the suspicion on the mom when she called 911. Really? I'd like that explained or how they were so clueless that he played both sides...

Poor child.

Blunt force. That's not the typical with an abduction. It's more typical with child abuse like in Harmony's case. Strangling is also far more common. Not knowledge if SA but so we at least we know he took this child he watched who accoding what he told mom "would never tell" and he was her favorite person or some such and he clubbed or beat her?

Let's hope the justice system works this time with him. Lord knows. I am impressed with the response and investigation and they deserve some major credit.

They quickly named, asked for info, gave a POI etc. Kudos.
 
www.kltv.com

Audrii Cunningham memorial scholarship established at Livingston ISD

Members of the Class of 2024 who have submitted a Green & White Scholarship application will be eligible for this scholarship.
www.kltv.com www.kltv.com

Audrii Cunningham memorial scholarship established at Livingston ISD​

A scholarship established in the wake of the death of Audrii Cunningham will be included in an upcoming ceremony for Livingston ISD.

Livingston ISD Superintendent Dr. Brent Hawkins announced Thursday that the Audrii Cunningham Memorial Scholarship will be included in the Green & White Scholarship Ceremony held on May 7, 2024. Members of the Class of 2024 who have submitted a Green & White Scholarship application will be eligible for this scholarship.

“We will accept any donations to this scholarship fund through the Green and White Program. Audrii loved school, so what better way to honor her memory than to help a student further their education,” Hawkins said.
 
She's not my favorite person but I have to give it to Nancy this time. I suppose I'd be considered too strong if I said what SHE said, to give him the NEEDLE and as I often say what was HE doing free and an SO and youi name it.

I didn't say it. Nancy did.

This child was ALIVE just days ago! WHO puts their child with someone like this? Grandma didn't know better EITHER?

 
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