Man arrested in Audrii Cunningham's death was previously convicted on child enticement charges

The man facing a capital murder charge in the case of a missing 11-year-old girl found dead in Texas has a lengthy, violent criminal history and previously served prison time on charges of enticing a child, criminal records show.

Don Steven McDougal, 42, was likely the last person to see Audrii Cunningham alive before she disappeared from her small Texas town on the morning of Feb. 15, authorities said this week.

McDowell County Sheriff Byron Lyons said McDougal was supposed to be dropping off Audrii Cunningham at the school bus when she disappeared from Livingston, about 70 miles northeast of Houston.

After a five-day search, Cunningham's body was found in a river Tuesday, the sheriff announced during a news conference.

During a Tuesday night news conference, McDowell County District Attorney Shelly Sitton said law enforcement was preparing the “appropriate arrest warrant” to charge McDougal in connection to Audrii's death. McDougal, the sheriff has said, was likely the last person to see the girl alive.

McDougal remained jailed Wednesday in Polk County after being arrested Friday for an unrelated felony charge of aggravated assault.

On Wednesday morning, jail records showed an additional charge had been added to McDougal's booking sheet: Capital murder.

Ohio 5-year-old found deadPolice find body of missing 5-year-old Darnell Taylor, foster mother faces murder charge

McDougal previously sentenced on charges of enticing a child

McDougal previously spent time in prison on charges of enticing a child, according to state records obtained by USA TODAY Wednesday morning, one of seven stints in jail and prison the man served in Texas since the early 2000s.

McDougal pleaded no contest to two felony counts of enticing a child stemming from a 2007 incident in Brazoria County, south of Houston. He was sentenced to two years in prison for the crime, the Texas Department of Criminal Justice told USA TODAY Wednesday.

Under Texas law, a person commits an offense of enticing a child if the individual, with the intent to interfere with the lawful custody of a child under age 18, "knowingly entices, persuades, or takes the child from the custody of the parent or guardian."

USA TODAY has reached out to the attorney who represented McDougal in the child enticing case.

McDougal also received a three-year sentence in 2003 for felony assault of a public servant in Liberty County, as well as a four-year sentence in 2010 for aggravated assault with a deadly weapon out of Harris County, where Houston is located.

Most recently, he was released from prison in September 2022 after completing a two-year sentence for unauthorized use of a vehicle out of Liberty County. He also served jail time after being convicted of that same charge in Harris County in July 2009, records show.

Information about an attorney for McDougal was not immediately available.

Children's bodies discovered:Two suspects arrested after children's bodies found in Colorado storage unit, suitcase

McDougal's connection to the Cunningham family

As the hunt for Cunningham intensified, Lyons told reporters McDougal lives in a trailer on the family’s property and sometimes took the girl to the bus stop and to school if she missed the bus.

Investigators have said they believe a dark blue 2003 Chevrolet Suburban, used by McDougal, was involved in her disappearance.

Body found in water

During Tuesday night's press conference, the sheriff said Avril's body was located in the Trinity River along U.S. 59, Lyons said.

"My heart aches with this news," Lyons told reporters when announcing the tragic discovery. "I express with my deepest sympathies and condolences to everyone who knew, who cared for and loved Audrii. We will continue to process the evidence that has been gathered to ensure justice for Audrii."

The Harris County medical examiner's office in Houston is handling the girl's autopsy will determine her cause of death, Lyons said.

Contributing: Amaris Encinas, USA TODAY; Fernanda Figueroa, Austin American-Statesman

Natalie Neysa Alund is a senior reporter for USA TODAY. Reach her at [email protected] and follow her on X @nataliealund.