Don Steven McDougal, the killer of 11-year-old Audrii Cunningham, has accepted a plea deal for a life sentence without the possibility of parole.
McDougal was indicted in April 2024 on two counts of capital murder for allegedly killing Audrii Cunningham. An 11-year-old from Livingston, Audrii was reported missing in February 2024. After a five-day search, her body was found in the Trinity River.
A medical examiner determined Audrii’s cause of death was “homicidal violence with blunt head trauma.”
McDougal’s plea was confirmed Thursday and finalized during a special hearing Friday morning at the Polk County Judicial Center.
KPRC 2′s Gage Goulding was the only reporter in the courtroom as Don Steven McDougal accepted his plea deal and pleaded guilty to killing 11-year-old Audrii Cunningham.
When McDougal entered the courtroom, he had a freshly shaved bald head, a groomed red goatee, and was dressed in a black and white prison jumpsuit. He remained shackled and handcuffed throughout the proceedings.
McDougal was seen rolling his neck but never looked at or spoke to Audrii’s family. The only time he addressed the court was in response to the judge.
McDougal accepted the plea agreement voluntarily, pleading guilty to count two of capital murder. The state abandoned count one and explained that, while additional evidence could have been presented to make their case stronger, it was not disclosed to the defense.
The state prosecutor also noted that McDougal had four other pending cases, which were dismissed as part of the plea deal. The prosecutor emphasized that the dismissals were not due to a lack of evidence, but because the penalties for those charges would not have increased the severity of McDougal’s life sentence.
Victim impact statements
During the emotional hearing, Audrii Cunningham’s family members delivered emotional, yet incendiary, victim impact statements, addressing McDougal directly and expressing the profound pain and loss they have endured since Audrii’s death.
Audrii’s father, Josh Cunningham, struggled to speak through his grief, often pausing to regain his composure. Fighting back tears, he described his daughter as the “smartest, sweetest little girl,” saying, “She gave my family purpose, and you stole that from me.” He closed his statement by saying, “I hope you have a very short life sentence.”
Julie, Audrii’s aunt, was visibly emotional and cried throughout her entire statement. She reflected on the joy Audrii brought to her life, calling the day she first held her niece “the best day of my life.” Through tears, she said, “Because of you, we were forced to search desperately. Because of you, we had to bury our precious little girl. Because of you, we saw our community come together.” Julie concluded her statement by telling McDougal, “There’s no punishment severe enough for the things that you have done.”
Tabitha Munsch, Audrii’s grandmother, also delivered a heart-wrenching statement, sobbing heavily as she spoke. She referred to her granddaughter as their “little angel” and told McDougal, “You took away the life of our little angel. Your punishment in this life will never fit the crime. Nothing will ever bring her back, and that’s your fault.” Through her tears, she added, “May you rot in hell.”
Philip Munsch, Audrii’s grandfather, expressed a combination of heartbreak and anger, describing McDougal as “a monster, pretending to be her friend” who “violated her trust.” He called Audrii “a very talented and happy young lady” who “brightened the lives of all around her.” Philip recounted how his family had offered McDougal friendship, love, and even a place to live. He added, “May you burn in the eternity and the flames of hell.”
District Attorney’s statement
In a written statement, Polk County Criminal District Attorney Shelly Bush Sitton addressed the reasoning behind the plea deal and highlighted the collaborative effort that brought the case to resolution.
“The Polk County District Attorney’s Office is announcing today that Don Steven McDougal has accepted responsibility for his actions in the kidnapping and murder of Audrii Cunningham,” Sitton said. “Don Steven McDougal will spend the rest of his life behind bars without the opportunity to appeal or seek parole. This agreement reflects the gravity of the offenses committed and ensures the safety of our community and our children.”
Sitton acknowledged that some may question why the death penalty was not pursued in this case. She explained that under Texas law, prosecutors are limited in seeking the death penalty in cases where the defendant has documented intellectual and developmental disabilities.
“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,” Sitton stated. “This resolution ensures that McDougal is being punished to the fullest extent available under the law and spares the family the emotional toll of a prolonged trial and appeal process.”
The District Attorney emphasized the collective effort involved in the case, which included the Polk County Sheriff’s Office, the Federal Bureau of Investigation, the Texas Department of Public Safety, and other agencies.
“The plea represents the culmination of months of diligent work by prosecutors, law enforcement, and support staff,” Sitton said. “The Polk County District Attorney’s Office would like to thank everyone involved for their hard work and dedication on this case to bring justice for Audrii.”
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