Don Steven McDougal, the man accused of killing 11-year-old Audrii Cunningham in Livingston, Texas, was allegedly a friend of the family. On Wednesday, McDougal was charged with capital murder according to court documents filed in Polk County and obtained by CNN.
McDougal, who is already in jail in connection to an unrelated case, was ordered to be held without bond.
"Video footage and cell phone data places McDougal at three locations of interest," including along the Trinity River, where Audrii's body was recovered Tuesday, according to the criminal complaint.
Investigators revealed McDougal, who lived on the same property as Audrii's family, had agreed to take the girl to a school bus stop on the morning that she disappeared.
In the complaint, a law enforcement official said they have evidence that "McDougal lied about his whereabouts and activities on February 15, 2024."
The document went on to state that Audrii was found with a large rock tied around her body when her remains were discovered.
"The rope used was consistent with a rope that was observed in McDougal's vehicle on a traffic stop two days prior," the complaint states.
The Story:
McDougal, a friend of Audrii's father, lived in a trailer on the family's property and sometimes took the girl to catch her school bus in the neighborhood. He has been the main person of interest in her disappearance as authorities frantically searched the rural east Texas town of Livingston.
Audrii's family had entrusted McDougal to take the girl to the school bus stop, but Audrii never made it onto the bus or her classroom. The only evidence linked to her at the time was a bag resembling her bright red Hello Kitty backpack that was eventually found near a local dam.
McDougal joined the search efforts for Audrii before her body was located in an east Texas river, according to authorities.
Throughout the search for the missing girl, McDougal made several social media comments stating that he was not guilty of Audrii's disappearance and had "done nothing wrong."
"I'm not guilty," reads a comment from the account under a post on the Facebook page "True Crime Society" the day after Audrii was reported missing.
"I was there and was questioned. I am not running or hiding," McDougal wrote before commenting again and saying, "I have done everything I can to help find her. I have done nothing wrong."
Her remains were found in the Trinity River, downstream from the reservoir near where the backpack was tracked.
It was one of several locations McDougal told investigators he had gone around the time of her disappearance, Sheriff Byron Lyons said.
Using cell phone records, video analysis, and information from McDougal, law enforcement was able to locate Audrii's location.
The condition of her remains has not been released, and the Harris Country Medical Examiner's Office has yet to determine the cause of death.
Criminal History:
McDougal has a decadeslong criminal history that dates back to at least 2003, reported CNN.
In 2007, he was convicted of enticing a child in Brazoria County, Texas. He pleaded no contest and was sentenced to two years in prison.
He was also convicted in 2010 and 2019 for aggravated assault with a deadly weapon, which led to a four-year prison sentence.
'You Are Broken, You Are Mad, You Are Empty'
The loved ones of Audrii Cunningham are still coping with the agony of her death and grappling with the criminal investigation into a suspect they once considered a family friend.
Audrii's mother, Cassie Matthews, said she now understands the anguish parents must feel over their missing children, whom she would only ever hear about on the news.
"There's not words for it. There is not one feeling you feel. It's a roller coaster. You are broken, you are mad, you are empty. And right now, I am empty," Matthews told CNN affiliate KPRC on Friday.
"She has so many opportunities ahead of her, and she deserves every right to be able to reach those opportunities."
