Audrii Cunningham murder: Don Steven McDougal gets life in prison
Man who killed 11-year-old girl gets life in prison
The man who murdered an 11-year-old girl in Livingston last year will spend the rest of his life in prison without the possibility of parole. Don Steven McDougal, 43, pleaded guilty to the murder of Audrii Cunningham on Friday. FOX 26's Jade Flury spoke to family after the sentencing.
LIVINGSTON, Texas - The man charged with capital murder in the death of 11-year-old Audrii Cunningham pleaded guilty on Friday in exchange for a sentence of life in prison without the possibility of parole.
Don Steven McDougal was charged in February after the girl’s body was found in the Trinity River five days after she was reported missing from her Livingston-area neighborhood.
McDougal sentenced to life in prison
According to the Polk County District Attorney’s Office, McDougal is not eligible for the death penalty because he has intellectual and developmental disabilities. It's something they say under Texas law, prevents prosecutors from seeking the penalty.
"This resolution ensures Don Steven McDougal is being punished to the fullest extent that I as a state prosecutor, have available to me," said Shelly Sitton, of the Polk County District Attorney's Office.

Audrii Cunningham (left); Don Steven McDougal (right)
What they're saying:
"We believe that Audrii is in heaven, and he’s going to burn in hell for what he did," said Philip Munsch, Audrii's grandfather.
"Our granddaughter was the second victim of his because of a loophole in the law that allowed him not to register as a sex offender," said Philip Munsch.
"That was the only reason he was allowed to stay at our house. We were asked, and we agreed to help him, and we’ve suffered the consequences," said Philip Munsch.
"Agencies from near and far did everything they could and they at least brought her home not the way we wanted," said Tabitha Munsch, Audrii's grandmother.
What's next:
Audrii's grandparents said they are hoping to pass a new law, called Audrii's Law, that would require offenders to be included in the sex offender registry.
What happened to Audrii Cunningham?
Timeline:
An Amber Alert was issued for Cunningham on Feb. 15, 2024, after she didn’t get on the school bus that morning and didn’t make it to school.
A large search effort was launched with several local and state law enforcement agencies. Crews focused on areas near Lake Livingston and the Trinity River for days.
On Tuesday of the following week, authorities made a heartbreaking discovery. The sheriff’s office announced that crews had located the girl’s body in the Trinity River along US-59 near Livingston.
The Harris County Medical Examiner’s Office later determined that she died of blunt head trauma, caused by homicidal violence.
Who is Don Steven McDougal?
The backstory:
McDougal has a prior criminal history of enticing a child, but wasn’t required to register as a sex offender because of a plea bargain.
The Saturday following her disappearance, authorities announced that McDougal was being considered a person of interest in the case and had been taken into custody on Friday for an unrelated charge.
Authorities say McDougal was a friend of the family who lived in a camper behind the house where Cunningham lived with her father, grandparents, and other family.
According to the Polk County Sheriff's Office, McDougal would occasionally drop her off at the bus stop or take her to school if she missed the bus.
During a press conference on Monday, Feb. 19, the sheriff said McDougal admitted to leaving with Cunningham on Thursday morning but wouldn’t acknowledge if she ever made it to the bus stop. However, the sheriff said McDougal was believed to have been the last one to see her.
Law enforcement officials said cellphone analysis, videos collected during the investigation, and information from McDougal himself eventually led to the discovery of Cunningham’s body.
Police claim they would have found her body even without information from McDougal. According to charging documents, authorities were able to determine McDougal lied about his whereabouts on Feb. 15 through evidence, as well, which placed him at three locations of interest.
Two days before Cunningham's disappearance, McDougal was pulled over, and evidence found near the river was consistent with what was inside his car, authorities said.
Dig deeper:
Audrii Cunningham missing: Livingston man identified, believed to be connected to disappearance
- Missing Audrii Cunningham: Person of interest confesses leaving home with girl day of disappearance
- Audrii Cunningham search: Man violently attacked by person of interest in Audrii Cunningham speaks out
The Source: The information in this article is from court, the Polk County Sheriff's Office and past FOX 26 reporting.