Accused killer indicted on two counts of capital murder in Audrii Cunningham death

The Polk County grand jury has indicted Don Steven McDougal, 42, on two counts of capital murder in the death 11-year-old Audrii Cunningham. Her body was found February 20 in the Trinity River near the US Highway 59 bridge following a search after she was reported missing. Investigators say he used a rope to tie a large rock to her body in order to make it sink. An autopsy shows Audrii died from homicidal violence including blunt force trauma to her head. Audrii had been missing since Thursday, February 15, when she didn't make it to her school bus that morning. Deputies say McDougal was the last person to see her alive. According to the probable cause affidavit for McDougal's arrest, "upon recovery of the child victim's body, law enforcement discovered a large rock tied to the child victim's body. The rope used was consistent with rope that was observed in McDougal's vehicle on a traffic stop two days prior." McDougal is a friend of Audrii's father and lived in a cab over a camper behind their Livingston house. Investigators say he had access to the home. The warrant indicates McDougal and Audrii left her home in the Lake Livingston Village subdivision on the morning of February 15. "McDougal and the child victim left in McDougal's 2003 Chevrolet Suburban with intent to drop the child victim off at the school bus stop near the entrance of the subdivision. It was discovered the child victim was not at the bus stop when a Livingston ISD bus arrived at the location, and discovered that the child did not make it to Creekside Elementary that day." According to a court document, "video footage and cell phone data places McDougal at three locations of interest. Evidence in connection with the defendant and the child victim was located at two of those locations and recovered. One of these locations is the Trinity River near State Highway 59 South, where Audrii's body was later located. Affiant shall show through the investigation, investigators were able to determine through cell phone data, video footage and other forensic evidence, McDougal lied about his whereabouts and activities on the day of February 15, 2024." The District Attorney hasn't said if she'll seek the death penalty.