Don Steven McDougal: Criminal history of man facing charges in Audrii Cunningham's death

A Livingston community is dealing with a tragic event after an 11-year-old was found dead in Trinity River on Tuesday.

Audrii Cunningham didn't get off the bus after school on Feb. 15 and after investigating, authorities discovered she never made it onto the school bus that morning when she left her home at 11 a.m., officials say.

SUGGESTED: Audrii Cunningham missing: Body found in Trinity River

Don Steven McDougal, 42

According to Polk County law enforcement, Don Steven McDougal, 42, admitted to leaving home with Cunningham on Thursday morning. He was the last person seen with her and cooperated with officials after he was taken into custody for an unrelated aggravated assault charge.

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McDougal now faces capital murder charges according to the Polk County District Attorney's Office.

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However, McDougal has a lengthy criminal history going back to 2001.

  • In 2001, he was charged with possession of marijuana after being arrested by Cleveland Police Department.
  • In 2002, he was sentenced to five years for assault of a public servant.
  • In 2003, he was arrested for possession of a dangerous drug and sentenced to four months. On Feb. 23, 2003, he received a three-year sentence for assault of a public servant out of Liberty County.
  • In July 2003, he was charged with possession of marijuana.
  • In September 2005, he was arrested in Harris County and charged with evading arrest or detention.
  • On Feb. 7, 2006, he received an eight-month sentence for theft of more than $1,500 but less than $20,000 out of Harris County. Seven days later, on Feb. 15, 2006, he received a 180-day sentence for possession of meth less than 1 gram.
  • On March 31, 2007, he received a two-year sentence for Enticing a Child out of Brazoria County.
  • In July 2009, he received a 180-day sentence for Unauthorized Use of a Vehicle out of Harris County.
  • On Feb. 6, 2010, he was arrested and later sentenced to four years for aggravated assault with a deadly weapon out of Harris County.
  • On Sept. 10, 2020, he received a two-year sentence for Unauthorized Use of a Vehicle out of Liberty County. He was released on Sept. 12, 2022, after completing his sentence.
  • On April 13, 2014, he was arrested and later sentenced to 30 days for theft of property less than $500.
  • In July 2014, he was arrested again and sentenced to 30 days for reckless driving.
  • In 2019, he was arrested and later sentenced to nine months for assault causing bodily injury.
  • In 2020, he was arrested in Harris County on a harassment charge.
  • In September 2023, he was arrested by the Conroe Police Department and charged with resisting arrest search or transportation. He appeared in court on Dec. 19, 2023, and pleaded guilty.