Audrii Cunningham murder: Sheriff admits they 'dropped the ball' in alleged killer's previous case
POLK COUNTY, Texas - The Texas sheriff investigating the murder of 6-year-old Audrii Cunningham admitted in audio obtained by FOX 4 that his department "dropped the ball" in a previous assault case involving her alleged murderer.
Investigators discovered Cunningham’s body in the Trinity River earlier this week.
Last week, after she was reported missing, authorities arrested Don McDougal on a separate assault charge.
Turns out, that assault happened last summer, and authorities missed chances to arrest him before he is accused of killing the girl.
The sheriff’s office told a Houston station the assault victim initially identified the wrong person.
The victim’s attorney disagrees and says his client stated with certainty that McDougal was his attacker back in September.
McDougal was no stranger to the criminal justice system when authorities shared he was the last person seen with Cunningham before her disappearance.
His rap sheet includes convictions for assault and child enticement.
This week, the Polk County district attorney charged him with capital murder after authorities discovered Cunningham’s body in the Trinity River.
The medical examiner said she died of blunt trauma to the head.
Audrii Cunningham autopsy reveals cause of death
A cause of death has been released for 11-year-old Audrii Cunningham, whose body was found in the Trinity River five days after she went missing.
After Cunningham’s disappearance, the Polk County Sheriff’s Office initially jailed him on an aggravated assault charge, but court documents show that assault case dates back to August 19, 2023, when a woman and McDougal asked a man for help jumping a car.
When the man helped, McDougal reportedly stabbed him in the back multiple times.
Polk County Sheriff Byron Lyons said Monday that McDougal finally spoke about the case when arrested last week.
"During that investigation, there were some circumstances that took place that would not allow us to be able to arrest him at that time, and he would not cooperate – would not – basically lawyered up, would not talk with investigators," Lyons said.
A timeline the sheriff’s office shared with a Houston station revealed he had been on investigators' radar since September.
The sheriff’s office said the victim initially identified another man, before saying he was certain it was McDougal who attacked him.
The victim's girlfriend met with the sheriff about a lack of progress in the investigation in November.
An audio recording was obtained by FOX 4, in which the sheriff is heard saying: "We dropped the ball on this, and we’re trying to find the ball to get it fixed."
The stabbing victim’s attorney, Dave Feldman, told FOX 4: "It’s a fair statement and conclusion that had this been properly investigated, had the ball not been dropped, I don’t think you’d be talking to me about disappearance and murder of Audrii Cunningham."