McDougal enters plea, will serve life in prison without parole

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Don Steven McDougal will serve life in prison for the kidnapping and murder of 11-year-old Audrii Cunningham of Livingston. Waiving his rights to a jury trial and to appeal, he entered a plea agreement Friday in the 411th Judicial District Court.

Victim impact statements were read by several members of Audrii’s family, including her father, aunt and grandparents. They spoke of the sweet, smart and artistic young girl who loved life and spread enthusiasm everywhere, as well as the things she will never experience such as falling in love, driving a car, going to her senior prom or having a family of her own.

“This agreement reflects the gravity of the offenses committed and ensures the safety of our community and our children,” Polk County Criminal District Attorney Shelly Bush Sitton said.

An Amber Alert was issued for the Livingston fifth grader on the evening of Feb. 15, 2024, after it was discovered that she had not boarded her school bus that morning or attended school that day. A five-day search that involved law enforcement officials and first responders from all over Southeast Texas came to an end Feb. 20 when law enforcement officials located the 11-year-old’s body in the Trinity River under the U.S. Hwy. 59 Trinity River bridge.

A Polk County grand jury indicted McDougal on April 22, 2024, on two counts of capital murder – Count 1 for intentionally causing Audrii’s death by blunt force trauma to the head and Count 2 for doing it while in the course of a committing the offense of kidnapping. During Friday’s hearing, the state abandoned Count 1, proceeding with Count 2.

“Many individuals may question why the death penalty is not being sought and why an agreement is being allowed for life without parole. In short, Texas law limits the ability of a state prosecutor to seek the death penalty under circumstances where a defendant has significant documented intellectual and developmental disabilities,” Sitton said.

“After intense and diligent review of the law and medical records, the determination was made that Don Steven McDougal was not eligible for a death penalty sentence under the existing law. This resolution ensures that Don Steven McDougal is being punished to the fullest extent available under the existing law and spares the family the emotional toll of a prolonged trial and appeal process,” Sitton said.

“The plea represents the culmination of months of diligent work by prosecutors, law enforcement, and support staff. I’d like to thank everyone involved for their hard work and dedication on this case to bring justice for Audrii,” Sitton said.