POLK COUNTY, Tx – A desperate five-day search for 11-year-old Audrii Cunningham ended in tragedy Tuesday when her body was found in the Trinity River near Livingston.
Authorities announced on Wednesday morning that they have charged Don Steven McDougal as the prime suspect in her death.
KPRC 2 reporter Deven Clarke spoke with attorney Ed McClees about what the next steps in that legal process will be.
“Capital murder, think of it as murder ‘plus’” McClees says. “It’s an intentional and knowing killing that has another aggravating factor associated with it. Those are all listed in the statute.”
Factors can include the victim’s age or whether the murder happened during the course of a kidnapping or a sexual assault. Right now, investigators say those details and other evidence are still being collected and examined to determine whether prosecutors will seek the death penalty.
McDougal will face mandatory life without parole if convicted.
McClees says, ultimately, a sentence would hinge on what answers prosecutors can get from the jury.
“Certain answers from the jury on two specific questions, one is essentially whether or not this person presents a continuing threat to society and the second is whether or not there’s mitigating information.”
He says in cases like this, jurors will be questioned extensively by the judge, defense, and prosecution.
PREVIOUS COVERAGE OF THE AUDRII CUNNINGHAM CASE:
