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

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. Cunningham was first reported missing on Feb. 15, when she failed to arrive at school that morning. McDougal was arrested the next day on an unrelated aggravated assault charge, and was later indicted for capital murder in Cunningham’s death. McDougal was suspected after investigators found he had been living on the same property as Cunningham and her father. McDougal’s arrest affidavit later revealed that investigators found rope in his vehicle; Cunningham’s body was found tied to a boulder in the Trinity River after a six-day search. McDougal has been held in the Polk County Jail awaiting trial since his indictment. As of June 12, the DA’s office had not decided whether to pursue the death penalty. KTRE has reached out to the DA’s office for comment.