texas

โ€˜My heart aches with this news,' body of missing girl, 11, found in Trinity River

Man arrested Friday as a person of interest in the case is expected to be charged with capital murder, Polk County DA says

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The search for a missing 11-year-old Texas girl is over and is transitioning to a capital murder investigation after her body was recovered from the Trinity River on Tuesday.

Audrii Cunningham was reported missing last Thursday after she didn't return home from school in Livingston, a town in Polk County about 70 miles north of Houston. Investigators later discovered that she'd never gotten on the bus to go to school that morning.

On Tuesday, after searching for the missing girl for five days, Polk County Sheriff Byron Lyons said the girl's body was found in the Trinity River, underneath the U.S. 59 bridge about nine miles south of Livingston and about 10 miles downstream from the Lake Livingston dam.

My heart aches with this news and I express with my deepest sympathies and condolences to everyone who knew, who cared for, and loved Audrii.

Byron Lyons, Polk County Sheriff

"At this time, I sadly announce, that Audrii's body was located at the Trinity River, under U.S. Highway 59," Lyons said. "As a result of today's developments, I will discontinue the AMBER Alert for Audrii."

Rescue crews were seen gathered at that location at a public boat ramp Tuesday afternoon.

Lyons thanked the Trinity River Authority for lowering the water level in the lake to aid in the search for Cunningham's body. Lyons added the girl's body was found through an analysis of cell phone data, videos and information provided to police by a person of interest in the case, 42-year-old Don Steven McDougal.

Audrii Cunningham
Polk County Sheriff's Office
Audrii Cunningham was last seen near her home in Polk County, Texas, at 7 a.m. Thursday.

"The information we have gathered in this criminal investigation is substantial," Lyons said. "My heart aches with this news and I express with my deepest sympathies and condolences to everyone who knew, who cared for, and loved Audrii. The sheriff's office, we will continue to process the evidence that has been gathered to ensure justice for Audrii."

Authorities on Friday arrested McDougal on suspicion of aggravated assault, in what police said was an unrelated incident.

Audrii and her family lived on a property near Lake Livingston with her father, grandparents and other family members. McDougal was said to be a friend of the girl's father and lived in a camper on the family's property. Officials said McDougal was believed to be the last person to see the girl alive.

Lyons and Polk County District Attorney Shelly Sitton were both reluctant to share any other details about how Cunningham's body was located or what may have led to her death, due to the ongoing investigation.

Don Steven McDougal
Polk County Sheriff's Office
Don Steven McDougal

Sitton said Tuesday afternoon that McDougal is expected to be charged with capital murder in the death of Audrii Cunningham. She said if the evidence in the case supports pursuing the death penalty as a punishment, they would do that. A capital murder conviction in Texas carries a punishment of either life in prison without parole or death.

McDougal has not yet been formally charged and it's not clear if he's obtained an attorney to speak on his behalf.

A backpack that authorities believe belonged to Cunningham was found Friday near the dam on Lake Livingston, one of the state's largest lakes. The Trinity River winds to the south and southeast out of the Lake Livingston dam toward U.S. 59.

NBC 5 News and The Associated Press
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