Found Deceased 11-year-old Livingston, TX Girl - Audrii Cunningham - *ARREST* #2

[PommyMommy]

FEB 26, 2024

Livingston residents show support for Audrii Cunningham during procession to funeral home

Members of the community could be seen gathered along the highway as Audrii Cunningham’s body was taken to a funeral home in Livingston.

www.ktre.com

The Livingston ISD school bus that Audrii was supposed to ride the day she went missing joined the procession, along with Livingston police and fire personnel and Polk County sheriff’s deputies.

 

[diggndeeperstill]

I agree the statement from the family looks professionally written, but I have zero doubts that this family is hurting terribly, I just feel that hindsight is 20/20 and pray for them the road ahead is pure darkness their sunshine is gone, regardless. Not everyone is computer saavy not everyone knows where / how to look people up and if they did check the registry that may have been all they thought of at the time. I still am curious for more history, how long had they known him, and how long had he been staying there.

It just doesn’t take computer savvy to know grown adult felons do not need access to children. Period. Add to that, grown adult felons with double swastikas. Add to that grown adult felon men with swastikas that live in campers, attend <modsnip - music> festivals known for drug use. It is not the fault of a list or a law. I have a feeling there will be more that reveals itself of the danger that was ignored around this poor child.

 

[imstilla.grandma]

"Come on. JP wants to talk to you," a deputy says. "Where's your clothes? Hold on!"

"I ain't got no clothes," McDougal says on the video.

"Well, come on out here. Well, no, no, man. Come on, man, don't disrespect me like that. Well, wrap up in that. Wrap up in the blanket. Come on. Come on," the video plays out.

Seemingly wearing a smirk, McDougal walks over to the justice of the peace, with a blanket around his waist, to hear the charges against him.

"You have the right to remain silent, not make any statement at all. Know that anything you make can and will be used against you at trial and court. You have a right to an attorney present to advise you prior to or during questioning," the justice of the peace says. "You have the right to terminate any interview at any time. You have the right to examine the charges, accused of a felony. Do you understand your rights, Mr. McDougal?"

"Yep," he answers.

"Do you want a court-appointed attorney or hire your own?" the justice asks.

"Nope," McDougal answers.

"Which one?" the justice asks.

"I'll get an attorney," McDougal answers.

"You're going to hire your own? Alright, all I need you to do is sign right here for me. Your charge is capital murder. That's no bond," the justice says

Video shows Audrii Cunningham murder suspect, Don Steven McDougal, naked during arraignment

Disturbing new video shows Don Steven McDougal wearing nothing more than a jail-issued blanket and a smirk on his face as he faced a judge, a day after the 11-year-old's remains were found.

abc13.com

 

[DFWNF]

Ffs he was nude? Wth

 

[imstilla.grandma]

 

[branmuffin]

Unfortunately, the system failed us due to a loophole in the sex offender registration system. Don Steven McDougal had a history of disrespect for young female children, but it did not show up when we checked the registry before allowing him to stay in an old camper in our backyard while he tried to start a new life. Had we been aware of what we know now, this man would never have set foot on our property, much less been a part of our little girl’s life", said Audrii's grandmother and father.

‘The system failed us:’ Audrii Cunningham’s father, grandmother release statement following her death

The father of Audrii Cunningham along with her grandmother have released a statement after her body was found in the Trinity River on Tuesday.

www.click2houston.com

There are lots of failures of the Sex Offender registry starting with what happened to Audrii, where prosecutors get to gamble with the inherent danger to future victims of people like DSM just to get a conviction. It's like living the life of 50 First Dates where only the present matters. I also have an issue with how someone gets on the Registry in the first place.

When I was looking to buy a place in Florida nine years ago somehow when checking on the pros and cons of a location I happened upon the Sex Offender registry. It was an eye opener to me. Literally hundreds and hundreds of individuals living in an area, each one with their own biography. Some of them were heartbreaking to me: a 30 year old guy who as a teen was labeled a sex offender for the rest of his life for having a sexual relationship with his girlfriend who was something like 4 years younger. I have friends whose parents had larger age gaps than this guy had who married right after high school and went on to be married for over 50 years and no one batted an eyelash. It's shouldn't be a rubber stamp.

 

[SMK777]

There are lots of failures of the Sex Offender registry starting with what happened to Audrii, where prosecutors get to gamble with the inherent danger to future victims of people like DSM just to get a conviction. It's like living the life of 50 First Dates where only the present matters. I also have an issue with how someone gets on the Registry in the first place.

When I was looking to buy a place in Florida nine years ago somehow when checking on the pros and cons of a location I happened upon the Sex Offender registry. It was an eye opener to me. Literally hundreds and hundreds of individuals living in an area, each one with their own biography. Some of them were heartbreaking to me: a 30 year old guy who as a teen was labeled a sex offender for the rest of his life for having a sexual relationship with his girlfriend who was something like 4 years younger. I have friends whose parents had larger age gaps than this guy had who married right after high school and went on to be married for over 50 years and no one batted an eyelash. It's shouldn't be a rubber stamp.

I agree fully. DSM qualifies as a sex offender. The guy with the girlfriend 4 years younger does not. That’s not justice. There should have to be criminal intent.

 

[Observant-ADHD-ENFP-BSc]

RSBM
Mostly I agree with your whole post, including the snipped bits.

But if the grandmother and father feared McDougal so much, what were they doing allowing him so much access to Audrii? I would hope a parent or grandparent could better stand up to someone in order to protect their child (than just to protect themselves). MOO
Although thinking of other cases on here or in the news, maybe not. IMO

I am wondering if they did allow him access to Audrii, as in rides to the bus stop and baby sitting. In their statement, they said she was 'lured,' which makes me wonder if they even knew he was giving her rides; he could have conveniently left the house a short while after Audrii and stopped to offer her a ride outside of their view and earshot.
Maybe more happened in those rides and she was told to keep quiet.
JMO

 

[SMK777]

I am wondering if they did allow him access to Audrii, as in rides to the bus stop and baby sitting. In their statement, they said she was 'lured,' which makes me wonder if they even knew he was giving her rides; he could have conveniently left the house a short while after Audrii and stopped to offer her a ride outside of their view and earshot.
Maybe more happened in those rides and she was told to keep quiet.
JMO

Right, as we know he had a proclivity toward children, that may have been his private agenda which they ( may) have been oblivious to. If he’d been engaging her unwillingly in something, she strikes me as the type of child to stay silent: Anything to keep the adults in her life happy. Be “the little mother of the household” and don’t rock the boat.

So my question is, why did he kill her?

 

[ChatteringBirds]

I agree fully. DSM qualifies as a sex offender. The guy with the girlfriend 4 years younger does not. That’s not justice. There should have to be criminal intent.

Every case should be looked at individually, but if someone is below a certain age, it might be a crime, or predatory, or at least very inappropriate, regardless of whether the older party to the "relationship" believes it to be so.

 

[imstilla.grandma]

 

[UnapologeticallyAspie]

If there are red flags, or a background check isn't done -- keep them out of your home and property.
Omo.

RSBMFF

Red flags like a Danish birthday cake..

 

[diggndeeperstill]

As Cassie mentioned with Nancy Grace, she wasn’t allowed to see her daughter.

I don’t understand why Cassie had to rely on the father and grandmother to see Audrii? Did she have a legal right to see her?

If she had a legal right, why not court or legal aid?

 

[Rolypolyoly]

As Cassie mentioned with Nancy Grace, she wasn’t allowed to see her daughter.

I don’t understand why Cassie had to rely on the father and grandmother to see Audrii? Did she have a legal right to see her?

If she had a legal right, why not court or legal aid?

I believe she was trying.

 

[seasideForest]

If he’d been engaging her unwillingly in something, she strikes me as the type of child to stay silent: Anything to keep the adults in her life happy. Be “the little mother of the household” and don’t rock the boat.

So my question is, why did he kill her?

RSBM
BBM It's not even necessarily about keeping the adults in her life happy. Perps and abusers are known to threaten their victims with all sorts of repercussions if they tell anybody. I don't have a specific source for this but I've read about it often enough in non-fiction material on childhood abuse. Also heard it from abuse survivors among my acquaintances and experienced it myself, albeit to a lesser degree.

She may have started questioning his behaviour towards her or it seemed to him that she was doing so and he decided it was too risky to let her live. Or it's possible he's such a monster and horrible person that he gets a thrill out of killing, or of course something else entirely.
MOO

 

[SMK777]

RSBM
BBM It's not even necessarily about keeping the adults in her life happy. Perps and abusers are known to threaten their victims with all sorts of repercussions if they tell anybody. I don't have a specific source for this but I've read about it often enough in non-fiction material on childhood abuse. Also heard it from abuse survivors among my acquaintances and experienced it myself, albeit to a lesser degree.

She may have started questioning his behaviour towards her or it seemed to him that she was doing so and he decided it was too risky to let her live. Or it's possible he's such a monster and horrible person that he gets a thrill out of killing, or of course something else entirely.
MOO

Yes. It’s still shocking to me that he could actually have killed the child of people who he was living with and going places with, etc. But I guess there’s no honor among thieves.

 

[al66pine]

Why is McDougal not shown on the state's Sex Offender Registry?

Briefly:
The Texas Sex Offender Registry statute lists many criminal offenses triggering the SOR requirement, but the offense of "ENTICING a CHILD" is not on the list. The "EaC" offense does not have any sexual component in Texas, tho it's easy for ppl to conclude that it does. See the specific language of EaC* section & link to offenses triggering SOR requirement.** (iiuc & imo)

Not so briefly:
IIUC one of McD's TX crim convictions was for "EaC" & in a MSM vid interview (linked on thread), that victim described McD getting into her bed and trying to undress and/or fondle her.
IIUC the original charge was for an offense w a sexual element, (such as attempted child sexual assault, or indecency with a child) which would have landed him on the SOR, but prosecutor DOWNGRADED to EaC (as part of plea agreement?); EaC conviction closed the case. Bingo, no SOR for him for that conviction. (iiuc & imo)

If I misheard/misunderstood ^that^ report, pls correct or clarify.
If one of McD's other convictions should have put him on TX SOR I'm not aware of it but could have missed it.

Hoping this prosecutor does not feel the need to drop or downgrade any charges re this tragic death.
RIP Audrii.
_____________________________________________
* "Sec. 25.04. ENTICING A CHILD. (a) A person commits an offense if, with the intent to interfere with the lawful custody of a child younger than 18 years, he knowingly entices, persuades, or takes the child from the custody of the parent or guardian or person standing in the stead of the parent or guardian of such child...."

PENAL CODE CHAPTER 25. OFFENSES AGAINST THE FAMILY

** Offenses triggering SOR requirement in Texas:
(5) "Reportable conviction... means a conviction... based on..."
Offenses (A) thru (L). So quite a few, but "EaC" is not on list.

CODE OF CRIMINAL PROCEDURE CHAPTER 62. SEX OFFENDER REGISTRATION PROGRAM

 

[MassGuy]

Why is McDougal not shown on the state's Sex Offender Registry?

Briefly:
The Texas Sex Offender Registry statute lists many criminal offenses triggering the SOR requirement, but the offense of "ENTICING a CHILD" is not on the list. The "EaC" offense does not have any sexual component in Texas, tho it's easy for ppl to conclude that it does. See the specific language of EaC* section & link to offenses triggering SOR requirement.** (iiuc & imo)

Not so briefly:
IIUC one of McD's TX crim convictions was for "EaC" & in a MSM vid interview (linked on thread), that victim described McD getting into her bed and trying to undress and/or fondle her.
IIUC the original charge was for an offense w a sexual element, (such as attempted child sexual assault, or indecency with a child) which would have landed him on the SOR, but prosecutor DOWNGRADED to EaC (as part of plea agreement?); EaC conviction closed the case. Bingo, no SOR for him for that conviction. (iiuc & imo)

If I misheard/misunderstood ^that^ report, pls correct or clarify.
If one of McD's other convictions should have put him on TX SOR I'm not aware of it but could have missed it.

Hoping this prosecutor does not feel the need to drop or downgrade any charges re this tragic death.
RIP Audrii.
_____________________________________________
* "Sec. 25.04. ENTICING A CHILD. (a) A person commits an offense if, with the intent to interfere with the lawful custody of a child younger than 18 years, he knowingly entices, persuades, or takes the child from the custody of the parent or guardian or person standing in the stead of the parent or guardian of such child...."

PENAL CODE CHAPTER 25. OFFENSES AGAINST THE FAMILY

** Offenses triggering SOR requirement in Texas:
(5) "Reportable conviction... means a conviction... based on..."
Offenses (A) thru (L). So quite a few, but "EaC" is not on list.

CODE OF CRIMINAL PROCEDURE CHAPTER 62. SEX OFFENDER REGISTRATION PROGRAM

Yes, that’s my understanding as well. He was looking at indecency charges that would have likely put him on the sex offender registry, but thanks to his plea deal, was only charged with enticement of a child which is not a sex crime under Texas law.

I’m not worried about any downgrade here; the worst that could happen is life in prison as opposed to the death penalty. I can’t imagine the DA is amenable to playing ball here though, with a slam dunk case and the public wanting this monster’s head.

 

[PommyMommy]

FEB 27, 2024

‘He knew that she would tell’: Audrii, 11, Dead in River, MOM SPEAKS OUT

The mother of slain Texas girl Audrii Cunningham says she’s sickened by the man her daughter thought of as an “uncle,” who’s now behind bars for murder. On Tuesday’s “Crime Stories” episode, Cassie Matthews said she knew almost immediately something was wrong when the father of 11-year-old...

www.crimeonline.com

The mother of slain Texas girl Audrii Cunningham says she’s sickened by the man her daughter thought of as an “uncle,” who’s now behind bars for murder.

[...]

As CrimeOnline previously reported, Steven Don McDougal, who lived in a trailer behind a Livingston home where Audrii lived with her father, admitted that he agreed to take Audrii to her school bus on the morning of February 15.

[...]

The night before her appearance, McDougal contacted Matthews “out of the blue” to tell her that he would be taking Audrii to school the following day, calling himself the child’s babysitter. Then, following her disappearance, McDougal helped search for Audrii and purportedly feigned concern as he went door-to-door, asking neighbors if they had seen her.

“You killed my daughter and then you want to search for her? It’s sick,” Matthews told Grace.

[...]

“I don’t understand how it happened at all. I don’t understand how they [the father’s family] put so much effort keeping her from me but they couldn’t put the same effort into knowing the people they had around her,” she said.

[...]

 

[Niner]

So - still no article on his next hearing date? TIA if anyone can find one!