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

Audrii Cunningham had been missing since Thursday morning.

LIVINGSTON, Texas — Audrii Cunningham's body was found Tuesday in the Trinity River near US-59, Polk County Sheriff Byron Lyons announced

"My heart aches with this news and I express with my deepest sympathy and condolences to everyone who knew, who cared for, and loved Audrii," Lyons said. 

Audrii's body was taken to the medical examiner's office, who will determine the cause of death. 

Don Steven McDougal, who was named the main person of interest in the disappearance of Audrii, has been charged with capital murder. McDougal was already in custody after being arrested Friday on an unrelated aggravated assault with a deadly weapon charge. 

READ: Family friend charged with capital murder in connection with missing Texas girl's death, DA says

The Trinity River Authority had to lower water levels to help with the search for Audrii. Lyons said when they found her in the river, her body was not visible to the naked eye. 

Texas Equusearch founder Tim Miller said his sonar equipment first spotted Audri on Monday but the current was too strong for divers to go in so they had to wait until Tuesday. 

"Last few days have been difficult at best," Miller told us. "It was emotional, we've seen Texas Rangers wiping tears, and we wiped them from our eyes too."

Lyons said cellphone records, surveillance video of McDougal's vehicle and statements by the suspect himself led them to the area where they found Audrii. 

"There were several points of interest that was turned over to us, and thank goodness, by the grace of God, one of those places of interest, we were able to locate Audrii," the sheriff said. 

Audrii went missing on Thursday at about 6:45 a.m. An AMBER Alert was issued after she didn't get off the school bus that day but investigators learned Audrii never made it on the bus that morning nor went to school.

Investigators believe the last person to see her was McDougal. McDougal is a family friend who lives in a camper behind the home where Audrii lived with her father and other family members, Lyons said in a news conference Monday

McDougal admitted to leaving the house with Audrii on the day she disappeared but would not tell investigators if she made it to the bus stop. Lyons said he would sometimes take Audrii to the bus stop or drive her to school if she missed the bus.

During the search for Audrii, the sheriff said there were occasions when McDougal worked with investigators and took them to certain locations, but he didn’t confess to anything.

Who was Audrii Cunningham?

Audrii was a 5th-grade Livingston ISD student. 

"While the details of this tragedy are still unfolding, our hearts go out to the entire community during this heartbreaking loss," the district posted to its Facebook page the day Audrii's body was found.

Audrii's mom, Casey Matthews, said Audrii was a great child who was smart, fun, caring and had so many opportunities ahead of her.

"She should be at home where we know she's safe, and she's warm, and she's fed, and she should be with her little brother. She should be doing what Audrii does -- smiling, laughing, making everybody else smile and laugh," Matthews told KHOU 11 News on Friday. 

Matthews pleaded for any and all help when it came to finding her daughter.

"I’m not going to be the same unless my baby is returned to me and neither is her family," she said Friday.

Dear Lion Country, It is with tremendous sadness that I inform you of the death of our LISD 5th-grader, Audrii...

Posted by Livingston Independent School District on Tuesday, February 20, 2024

Who is Don Steven McDougal?

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 

Records show he has a lengthy criminal history that dates back to 2001. McDougal had been arrested in multiple counties, including Harris, Montgomery and Liberty, on various charges, including assault of a public servant, resisting arrest and drug possession. In 2007, McDougal was convicted of enticing a minor with intent in Brazoria County but Sheriff Lyons said he didn't have to register as a sex offender. 

McDougal served two years in prison in Huntsville between September 2020 and September 2022, according to court records. 

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 and said McDougal admitted to leaving the house with her.

Lyons also confirmed that McDougal has ties to the Aryan Brotherhood. 

McDougal was charged with capital murder in Audrii's death on Wednesday and is being held without bond. 

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