Crime Stories with Nancy Grace - Girl, 11, GONE, NAZI-FREAK SEX PERV 'GAVE RIDE TO SCHOOL'

Episode Date: February 20, 2024

Thursday afternoon, February 15, Audrii Cunningham doesn't arrive home at her usual time. Family members look for her, assuming she became distracted during the walk home from the bus stop. Panic sets... in, then police are notified at 5:30 p.m. and an AMBER Alert is issued. Investigators start putting together a timeline of events. Police say Audrii was dropped off at her bus stop by her dad's friend, the man who lives behind their house, Don Steven McDougal. As investigators retrace Audrii's footsteps, they find that  Audrii never made it to school. In fact, she didn't get on the bus. Investigators ask for security video, from various security cameras in the area and develop of Vehicle of Interest, a dark blue, 2003, Chevrolet Suburban. They also have a person of interest, the last person known to be with Audrii Cunningham, Don Steven McDougal. McDougal is arrested and placed in the Polk County Jail. Not for the disappearance of Audrii Cunningham, but on an unrelated aggravated assault with a deadly weapon charge. The public now finds out that McDougal has a criminal record dating back to 2001. Authorities say he was convicted on a charge of enticing a child and was sentenced to 2 years. So far, investigators continue to search areas around Lake Livingston where a backpack believed to be Audrii's was found. Late afternoon, police announced the discovery of a body.  Joining Nancy Grace Today:  Lana Shadwick - Attorney, Former Harris County Judge and Prosecutor; Legal Analyst for Breitbart, Texas; Facebook: @TXBoots Dr. Bethany Marshall – Psychoanalyst (Beverly Hills); Twitter: @DrBethanyLive/ Instagram & TikTok: drbethanymarshall; Appearing in the new show, “Paris in Love” on Peacock Sheryl McCollum  – Forensics Expert & Cold Case Investigative Research Institute Founder; Host of Podcast: “Zone 7;” X: @149Zone7 Chris McDonough – Director at the Cold Case Foundation, Former Homicide Detective; Host of YouTube channel: “The Interview Room” Karla Castillo - Anchor and Morning Executive Producer at KBTX News; IG: @KBTXKarla, FB: @Karla Castillo KBTX   See omnystudio.com/listener for privacy information.

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Starting point is 00:00:00 You're listening to an iHeart Podcast. Crime Stories with Nancy Grace. An 11-year-old little girl. Just let that soak in. Just 11 years old. Let's see what grade that would be. 7, 8, 9, 10, 11. Fifth grade, max. Fifth grade is missing. Of course, I'm talking about 11-year-old Audrey Cunningham missing out of Texas. She goes missing en route to school. As we go to air right now,
Starting point is 00:00:50 we are learning that there is a gathering of LA law enforcement around a nearby area. Our eyes are on that as we proceed. I'm Nancy Grace. This is Crime Stories. Thank you for being with us here at Crime Stories and on Sirius XM 111. Listen to the mom. I would just like to get the word out that we would like to have her come home.
Starting point is 00:01:13 It's not like her to, you know, just run off or disappear. She has a lot of loving family. She has so many people that love her and adore her. She is a very well taken care of child. And we just, we miss her. We don't understand. And any and all help would be greatly appreciated. And I just want the word spread around as far as possible. If you see her, please contact your local police.
Starting point is 00:01:44 What do you do when your child goes missing? Run through the house screaming for the child? Look in the yard? Start running in the neighborhood? Call 911? This mother, Cassie Matthews, begging for our help, begging for your help to find her 11-year-old little girl, Audrey. And this is what Ellie has to say. Listen.
Starting point is 00:02:11 I want to say that investigators are following active leads based on tips and evidence that we have gathered. The videos submitted to investigators by the community have been very helpful. We're looking for and asking the public's help for additional video on FM 3126 that shows the highway. This video would have been on Thursday, February 15th, between 6.30 a.m. and 8 a.m. Oh, my stars, it's like a needle in a haystack asking for video of the highway. But listen, it works. Brian Koberger, perfect example. What happened to the four Idaho students? Well, I've been there myself.
Starting point is 00:02:51 There is a 7-Eleven gas station at, it's not very populated, but at a particular corner near the King Road crime scene. You got to come to, I believe it's a four-way stop right there. The clerk at the 7-Eleven herself sat there and went through surveillance video hour after hour after hour on her own time, I might add, and catches Brian Koberger's car going by around 3 a.m. in the morning the night of the murders. 4 a.m. in the morning the night of the murders. And that among other things cracked that case wide open. So it is possible. It is possible for anybody with a dashcam, a ring phone, anybody with access to any video surveillance
Starting point is 00:03:46 along this area needs to come forward now. We are looking for an 11 year old helpless little girl. Is she alive? Is she dead? Is she being raped right now? Is she being tormented? Is she alone? Is she crying out for her mother?
Starting point is 00:04:03 Where is this child? I hate to ask jurors this. As a matter of fact, in the law, you are disallowed from asking a juror to place themselves in the shoes of the victim. But think about it. What if this is your child, your 11-year-old little girl missing? With me, an all-star panel to make sense of what we know right now. First, to Carla Castillo joining us, anchor, Morning EP, KBTX News. Carla, thank you for being with us. Let's just start the morning. Audrey disappears.
Starting point is 00:04:44 This has just happened, Feb 15. There's still time. There is still time. Tell me about that morning. First of all, where does Audrey Cunning, Texas. That's where I live. And that's about an hour and a half away from us. So this is in an area that many of our community members, they go to Lake Livingston for recreation purposes, for hunting, things like that. But this is an area that is just north of Houston. And you think about, I know as a mom, I think about February 15th. I'm thinking it's the day after Valentine's Day. My kiddo has just celebrated Valentine's Day. And this is not something that's on your mind. And that's not what you asked me. But it's very heartbreaking to think about this happening, especially, you know, in a time when we're thinking about love and friendship.
Starting point is 00:05:36 And that's just a terrible time. And so what they think. Pause, pause. Carla Castillo, I want all the information you have to give me, but jumping off what you just said, let's analyze it. Cheryl McCollum joining me, founder, director of the Cold Case Research Institute, star of Zone 7 hit podcast, and a forensics expert. We were in the trenches together for many, many years. Cheryl McCollum, right off the bat, let's hit it. 70 miles north of Houston. That says to me, it's probably not a perv from Houston. Number one, that's too far. They're not going to drive
Starting point is 00:06:11 70 miles to find a victim. Mark that out. But Lake Livingston wreck. A lot of people with vacation homes on the lake know the area. It's near Audrey's home. I could see that, a perp coming from there. Thoughts? In a nutshell. Absolutely, you're correct. You've got that reservoir that's over 800 acres. The perpetrator most likely knows this area. There's no doubt about it. Nancy, you and I both know the first three hours are critical. This perpetrator, if he took her prior to the bus stop and the family did not realize she was not at school, roughly had nine hours. Which is making me sick.
Starting point is 00:06:54 I haven't even gotten that far, but you're right. I'm going to circle back to Carla Castillo on that. Yeah, she didn't show up at school and nobody called mommy. Oh, hey, I get a note immediately at 8.06 if the children are not where they're supposed to be at their school. You darn right I do. So why nothing? You can't text me? Why?
Starting point is 00:07:16 Okay, that's a whole nother can of worms talking about the lake. How does it play in? Listen to Sydney Sumner Crime Online. The town of Livingston, Texas is about 70 miles northeast of Houston and a place that seems perfect to raise a family. Nearby Lake Livingston State Park provides outdoor activities from fishing to boating, swimming and hiking with over 83,000 surface acres. 11-year-old Audrey Cunningham lives with her dad and grandparents about five miles from the lake in a quiet neighborhood where neighbors still know one another by name. Audrey walks to her bus stop most mornings and has made friends with some neighborhood pets that she always stops to pet
Starting point is 00:07:53 on her way to the bus stop or on the way home. That's really good information. She stops on the way to the bus stop. She meanders and pets animals on the way. Also very significant. Let me go to Lana Shadwick, attorney, former Harris County judge and prosecutor. You can find her at lanishadwick.com. You know, Lana also, the pop is about, I just wrote it down, a little, oh, almost 6,000, 5,829 people. Almost. Almost.
Starting point is 00:08:27 And that says a lot to me. As opposed to somewhere like Chicago, Detroit, New York City, Atlanta, you've got a much, much smaller suspect pool. Well, not only a small suspect pool, but the community is just besides themselves. They're grieving. And there's no way any accused can get a fair trial here. That's another issue. Lana, you're talking like a true judge and former prosecutor,
Starting point is 00:08:54 but we're putting the cart before the horse. Trial, trial. Let me just find the girl first. Dr. Bethany Marshall, you heard what Cheryl McCollum just said the first three hours. Dr. Bethany Marshall, high-profile psychoanalyst, joining us out of L.A. at drbethanymarshall.com. I heard the mom. I heard the mom, Cassie Matthews, unlike Susan Smith, who was blubbering and snotting and carrying on after she murdered her boys. This mom sounds real.
Starting point is 00:09:21 Nancy, she's genuine. She's distraught. She does not know what to do. This mother has no idea what happened. I can hear that in her voice. And in terms of the kidnapping, you know, stranger abductions are more rare than abductions at the hand of non-custodial caregivers. So, you know, when they move in from the lake towards family members, I would wonder in this town of 5,000 people, are there relatives scattered about? Are there people who take care of this child when she meanders to the bus stop? Are there other people who kind of like, as you said,
Starting point is 00:09:58 they watch after her, but are any of them caregivers? Are any of them babysitters? I think that would be like a very important question. Crime Stories with Nancy Grace. Guys, we are talking about the disappearance of an 11-year-old girl out of Texas Livingston, Poplison 6000, much smaller community. Where is Audrey? What more do we know? Listen.
Starting point is 00:10:34 On the afternoon of Thursday, February 15, Audrey Cunningham doesn't arrive home at her usual time. Family members look around for her, assuming she got distracted on her walk home from the bus stop. As they look over the neighborhood and search the wood line behind her house that leads to the lake, panic sets in as nobody has seen Audrey walking home from the bus stop. Police are notified at 5 30 p.m. and an amber alert is issued for 11-year-old Audrey Cunningham. Okay, sad to say, they laid dollars short. Why? It's not LA law enforcement. It's not the parents fault. It's not mommy or daddy's fault. It's not grandma's fault. It's the school's fault because they did not tell the parents. She did not make it to school that morning. What does
Starting point is 00:11:20 that mean? That means the perp has a good nine, ten hours lead. Think about it. Ten hours, ten hours, nine hours times 60 miles an hour. That's a lot of miles, right? For your little girl to be in the car with a perp. Lana Shadwick, what school district is this? kind of automated system whereby it impersonally calls and says, you know, there's some kind of system that just says trial didn't show up today or something. I got a question for you, Lana Shadwick. By the way, guys, Lana is a high profile lawyer in this jurisdiction, Livingston, Texas, former Harris County judge and prosecutor. You can find her at lannashadwick.com
Starting point is 00:12:26 Lana, the notice I get is email and text, I get both but I'm wondering if this automated system that Livingston Independent School District has, could it be
Starting point is 00:12:42 a phone call? Could it be a call to the home and it just takes a message and nobody's there? I understand it was a phone call. Maybe it's a text message also. And absolutely, whether it's a text message that's automated or a phone call, you can make it and nobody's looking at it. Well, this is what I'm understanding that, hey, joining me right now is Chris McDonough, former homicide detective, has been on many, many cases where a child goes missing. I found him during the Brian Kohlberger investigation. We're still waiting for that trial to ever happen. And his YouTube channel called The Interview Room.
Starting point is 00:13:22 And that's, you know, I was telling you earlier about that gas station where the clerk saw the video and told cops that's where I first saw the gas station on the interview room because he was driving about one and a half miles an hour all around Moscow Idaho and I saw it like Bing and then I went to it later that's how I found out about it through Chris McDonough. Chris McDonough, I just got, thank you for joining us. I just got off the phone double checking a statistic with my longtime friend and colleague. You all know him well.
Starting point is 00:13:55 He's the gold standard, Mark Klass. And he gave me the stat. Did you know, Chris McDonough, I hope you're sitting down. You may need to lay down for this one. Over 30% of child abductions are school related. At the bus stop, going to the bus stop, walking to school, walking home, taking the bus home, taking the bike home. 30% plus of all child abductions are school transport related. What about that, McDonough? That is definitely a shocking statistic, Nancy. wait and pause and ponder what your exposure our children are having to subjects who feel that they
Starting point is 00:14:49 need to take them and i don't find that shocking at all i really guys you're hearing dr bethany marshall high profile psychoanalyst joining us out of la please jump in dr bethany i so respect chris mcdonough, and it's true, it's shocking on one level, but on another, it's not shocking. School grounds, bus stops, they are feeding grounds for predators. Where is a predator, where is a child molester, a pedophile going to work? A daycare, a school, maybe they become the choir director at the church, a camp counselor. They are going to gravitate anywhere where there are large groups of children. So your child is not safest at church, at school, at summer camp.
Starting point is 00:15:34 And I always say no one should be more interested in your child than you. So just because you have somebody visiting the house and showing interest and, you know, a group of people gathering lovingly around your child, you still have to look very carefully at who those people are. I've handled case after case after case where children go missing en route to the bus stop, at the bus stop, on the way home from school, to school, you name it. And one that really sticks in my mind as a little girl, I'll never get her name out of my head. Aliana DeFreeze. Listen. Cleveland police asking the community for help finding a missing teenager. 14-year-old Aliana DeFreeze is developmentally challenged. So even though
Starting point is 00:16:17 she is physically 14, she's mentally and emotionally about the age of an eight or nine-year-old. Aliana DeFreeze is sweet, outgoing, and very trusting. Her mother, Denisha Cooper, put her on the bus at 6.38 a.m. Surveillance video shows Aliana getting off the bus a short time later. Surveillance video from a business shows DeFreeze and another girl outside a McDonald's. And later video shows Aliana DeFreeze outside True Gospel Missionary Baptist Church, where Christopher Whitaker approaches DeFreeze and leads her away from the church. Surveillance video then shows Whitaker leading DeFreeze through a field.
Starting point is 00:16:55 And then what happened? After leading Aliana DeFreeze through a field, Christopher Whitaker takes the 14-year-old to an abandoned house, where he rapes the girl. Whitaker then uses a blackened-decker drill, a Phillips head screwdriver, a nut driver, a box cutter, and a hammer to beat and stab Aliana DeFreeze to death. DeFreeze dies as a result of stab wounds and multiple blunt force injuries. DeFreeze's body is found in the abandoned house, but has to be identified by DNA. Whitaker is tried, convicted, and sentenced to death for the murder of 14-year-old Aliana DeFries. We know that that morning, the morning that Audrey Cunningham, just 11 years old,
Starting point is 00:17:34 gets on, supposed to get on the bus. It's not that she disappears from school. She never even got on the bus. Listen to Rachel Bonilla, Crime Stories. Discovering Audrey Cunningham never got on the bus, police ask for help from the community. Investigators ask for security video people might have from the area or of the vehicle of interest, a dark blue 2003 Chevrolet Suburban. They also have a person of interest, the last person known to be with Audrey Cunningham, Don Stephen McDougal. Lana Shadwick, high profile lawyer joining us, Adam Livingston, this jurisdiction in Texas, how far from the family home to the bus stop? Half a mile from what I've seen on social media. And you know what else? Let me throw this to you. Dr. Bethany, Chris McDonough,
Starting point is 00:18:28 Carla Castillo, Lana Shadwick, anybody, we would typically walk home from school every day. It was a mile. But to get to school, we'd walk two blocks to the bus stop. But in this day and age, a half a mile, that's a pretty good walk for a little girl first thing in the morning. Carla Castillo, do we know what time she typically left the home to get to the bus stop? No, not officially, unfortunately, but I know in some of our rural communities, we do have kiddos who go out there a little bit earlier, 645 and earlier, because of the time it takes to walk to the bus and then for the bus to get to the school. Well, not only is a half a mile, a long walk for an eight year old. This is not along pastures and rural roads. This is in front of houses where the same people see her day after
Starting point is 00:19:18 day after day. What if there's a predator in that neighborhood? Remember Chanel, who was found stuffed in a garbage can, and the perpetrator was somebody who lived... Chanel Petro Nixon, yes. Yes, the perpetrator lived in the apartment building, so he saw her repeatedly over time. Little Jessica Lunsford, remember, buried with her little pet dolphin-stuffed animal? It was somebody in the neighborhood. Well, catty cornered from her home. Catty corner who saw her. Who was a registered sex offender. Cooey. Remember him? Jay Cooey.
Starting point is 00:19:55 Yeah. He rotten hell. But you know, you're reminding me, Dr. Bethany, if something I would always tell jurors, perps covet that which they see. In other words, that's why you look close to home, then you move out, then you move out, then you move out. So, yes, absolutely. Well, that's why when children are abducted and killed, they're usually buried within a quarter mile of the family's home because it's children in that area. The Delphi murders, remember it was a man who worked in a pharmacy that found little Abigail, you know, accosted Abigail and her friend because he saw them come in and out again and again. In this case, Dr. Bethany is completely correct. Who in the hay would drive this child to school when she was running late, typically leaving around 7 a.m. in the morning, which is also significant in a a child being abducted, there's a high probability that child's life was taken as well.
Starting point is 00:21:12 And statistically across the country, about 4,500 children are abducted, which is about 1% of the total number in relationship to, you know, high risk and stranger abduction. So this little girl walking potentially to her bus stop at such a late hour puts her in a very, very, you know, high risk situation for an offender. Now enter the 42-year-old family friend covered with tattoos, including a swastika. Who is a friend of the family? Listen to Nicole Parton. Audrey Cunningham's dad has a friend of his staying in a camper in their backyard. His name is Don Stephen McDougal. The 42-year-old sometimes gives Audrey a ride to the bus stop,
Starting point is 00:22:06 or if she is running really late and misses the bus, he will take her to school. He occasionally babysits for Audrey when needed, his way of saying thanks for letting him live in the camper in their backyard. On Thursday, February 15, Audrey is in her house, getting ready to walk to the bus stop like she does most mornings, and Don Stephen McDougall offers to give her a lift. Audrey is in her house getting ready to walk to the bus stop like she does most mornings. And Don Stephen McDougal offers to give her a lift. And more, we're hearing from Sheriff Byron Lyons.
Starting point is 00:22:33 Listen. He was probably taken to the dropping off at the bus stop. And we do feel at this point that he was the last person who seen Audrey. There has been information found that there were some occasions that he did drop her off at the bus stop or even take her to school if she missed the bus. Who is this guy? Number one, he's got a big fat Nazi swastika right there on his left shoulder. You can't miss it because he's so fond of posing for photos without his shirt on. I can't make out the rest of all those tattoos. They're all a big blur. Carla Castillo, this guy with the swastika tattoo on his shoulder. Who is he? So Don Stephen
Starting point is 00:23:23 McDougal is somebody I, as an an adult would not want to be near. I can't imagine having a child around this man who in March of 2007 was accused of attempting to engage in sexual contact with a girl under the age of 17. And so he has a conviction. There's been a lot of questions as to why he's not a registered sex offender. The conviction was not for something that apparently required him to do that, but it's still icky enough that you, as a parent, as a responsible adult, it feels like you know this is not someone you have around a child. So he was not required to register as a sex offender. Listen now to Lieutenant Craig Cummings. I also want to announce the Polk County
Starting point is 00:24:06 Crime Stoppers reward has been increased to $10,000 for information leading to the arrest and prosecution of the person responsible. I also want to announce the Polk County Crime Stoppers reward has been increased to $10,000 for information leading to the arrest and prosecution of the person responsible for Audrey's disappearance. Chris McDonough joining us from the interview room, former homicide detective. Did you see these tattoos? Yes. Some of those tattoos obviously come from inside the prison system. There's information that this gentleman, McDougal, was affiliated with a group called the A.B., which is the Aryan Brotherhood, which is a prison gang.
Starting point is 00:24:52 And so this guy here would fit the mold in relationship to the PD investigating him first and foremost. Well, he comes to the top of the shelf. Cheryl McCollum joining us, Cold Case Research Institute forensic expert. Go ahead. The thing about the tattoos that sticks out for me is this guy is often wearing a white beater where they're exposed or no shirt at all, which tells me he's not trying to hide who or what he is. Even in one of the photographs, he's making a hand sign that looks like the number one and the number two with his middle finger down.
Starting point is 00:25:29 That also is for those letters A and B, the Aryan Brotherhood. So not only are the tattoos exposed, he wants you to know in a photograph who he is. You know what? That speaks volumes to me, Dr. Bethany Marshall. Why is this animal out of the prison system? And that's where you get these tattoos, not the county jail, like in Mayberry, where Otis checks himself in and out
Starting point is 00:25:54 talking about the pen. He has tattoos from the penitentiary and he's not ashamed. Like Cheryl said, a swastika, the thing's got to be four inches tall, right there on his shoulder, which would show in a wife beater. He's holding a beer can in his hand. Well, you know, I'm not going to find, holding a cold beer is not a felony, all right? But I'm telling you, brazenly showing off, and it's on his Facebook. It's on his Facebook. That's where I saw it. He posted it.
Starting point is 00:26:27 Nancy, he's prisoner identified. That means that he's not identified with being like a normal civilian out in the public. He's identified with that particular community that lives in penitentiaries. They do have a community and in terms of hierarchy, in terms of how they work out together, in terms of what kinds of tattoos they have. So I would wonder if this guy has not just been in prison once, but been in and out of the prison multiple times. And that's why he's living in a trailer behind somebody's house. He probably doesn't have long-term gainful employment. He probably has short-term gigs. And I think it's kind of weird that on this one picture, he has his shirt off. He has a big belly,
Starting point is 00:27:11 but he's completely covered in tattoos from the neck all the way down. I don't know. He has his pants on, so I don't know below the belt. Hold on. Wait a minute. Why in the H-E-double-L would you let this guy take your 11-year-old to school? I mean, did he dupe the parents into thinking he's really a good guy? You know what? I do not want to vilify the parents when they're in a time of great distress. Not what I asked you. I asked you, did he dupe them? Yes, he probably did because, okay, so let me start again. Offenders, predators do not just groom a child, they groom the entire family. So usually they become good friends with the parents. Usually they'll offer to do favors for the kids and they ingratiate themselves. And it's not usually until
Starting point is 00:27:59 they've been with the family for a long time that they start to molest the child. So I'm wondering how did the dad or grandparents know this guy? Well, I think it's okay to have a sex offender. Oh, I've got details on the sex offense. The prior Lana Shadwick tried not to do a backflip when you hear this. McDougal allegedly attempted to engage in sex contact with a girl under 17. According to a grand jury indictment, he removed another female from the bed where the victim was sleeping. He got in and pulled down the little girl's pajama bottoms and underwear. He was indicted. He got bond at 25 K A year later, he pled guilty to enticing a child, a third degree felony in Texas. Okay. Cheryl McCollum, I don't know if this has ever happened to you, but when I was trying cases in inner city Atlanta, a lot of my witnesses would be felons themselves, which I tell the jury up front
Starting point is 00:29:04 because even the devil can tell the truth once in a while when he wants to, and I would drive around alone in my beat-up Honda with convicted rapists, dopers, you name it. I was not afraid. Why? I don't know. But can these guys charm you? Were the parents charmed into thinking it was okay for this guy to give their daughter a ride? Nancy, I'm not blaming a victim. Did I ask you to blame a victim? No, but I... What is with you and Dr. Bethany?
Starting point is 00:29:36 I am a crime victim. No, I don't want you to blame the victim. I'm asking about the person of interest. Could he have charmed the parents? No, and here's why. I don't know how in the world you could be charmed by somebody that's got not one, but three swastikas. And then they've got the double lightning bolt.
Starting point is 00:29:56 Well, you need to explain what that means, Cheryl. Don't just throw it out without explaining it. Aryan Nation, white supremacy, a hate group. And they know good and well that that is not a tattoo that means anything else. And in combination with he's got ain't afraid, he's got barbed wire, he's got one and two, he's got a pit bull, he's got a map of the United States with stars and bars, the rebel flag. Every single thing on his body tells you he's a white supremacist. Okay, Nancy, East Texas, unfortunately, is a heavy drug community, or it can.
Starting point is 00:30:34 Meth is prolific. This area is supposed to be a meth area. Parents, when they're on, I've worked for Child Protective Services, I've been a family law judge and a prosecutor. When people are on drugs, they are dull to reality. And if they don't have a babysitter
Starting point is 00:30:59 and you gotta have a babysitter, you just grab the guy in the camper in the back with these supplying drugs. Guys, you're hearing Lana Shadwick right now. I don't have any information that anybody in that home was using drugs. But as far as that area being known for child sex offenses, has now been identified as a POI person of interest. What more do we know? More disturbing information.
Starting point is 00:31:36 Take a listen to Sydney Sumner, Crime Online. On Thursday evening, as a statewide Amber Alert is issued for Audrey Cunningham, the man who was with her last, Don Stephen McDougal, is listing items for sale on Facebook Marketplace. Listed as all must go, the items include parts to an HVAC system, a set of weights, and an Everlast punching bag. A KPRC producer sends a message to McDougal about items for sale, and around 3 a.m., McDougal responds but only once. Carla Castillo joining me KBTX that's not a good sign so after Audrey Cunningham goes missing after he reportedly
Starting point is 00:32:13 is driving her to the bus stop and she never gets on the bus he starts selling all his stuff online. That does not leave a good impression it sounds to me like someone who's trying to get rid of everything he's got and maybe leave town. A long rap sheet going back as far as 2001. Joining us, as you know, is Lisa Shadwick, whose paralegal has had contact with McDougal. What happened to your paralegal's boyfriend, Lana? Okay, Lana. He got stabbed in August. I mean, he was stabbed by this guy in August. And this guy has been spotted in a dark blue SUV in and around downtown Livingston. Listen to Nicole Parton, Crime Stories. Around 6 30 p.m. on Friday,
Starting point is 00:33:07 February 16, Don Stephen McDougal is arrested and placed in the Polk County Jail, not for the disappearance of Audrey Cunningham, but on an unrelated aggravated assault with a deadly weapons charge. The public now finds out that McDougal has a criminal record dating back to 2001 for charges and in 2008 authorities say he was convicted on a charge of enticing a child and was sentenced to two years. Lana Shadwick joining us, a high-profile lawyer out of Livingston, former judge and prosecutor. Lana, so this guy, the friend in the backyard camper, has been picked up on your paralegal boyfriend knifing. Is that right? That's why he's in jail right now.
Starting point is 00:33:55 Thank God. That's correct. But this knifing, stabbing that occurred in the middle of the night in August. It was in August. And so he was just now arrested and indicted for that stabbing. So he's in jail now behind bars where he can't hurt anyone. But this happened back in August, and there's a lot of finger pointing. Now we're trying to figure out where was his vehicle spotted.
Starting point is 00:34:26 Take a listen to Sheriff Byron Lyons, Polk County. One of the reasons that we're asking for the videos, we're trying to piece together a timeline of where he's been and the travel that he took, the roadways that he took. So this area is just one that's in particular that we can say that we know that he was in. And so, we're making sure that we do extensive search of those areas. But the problem is that when we have a lot, and I know that people are concerned and people want to help. But a lot of times when we bring too many people into an area, it hinders our efforts in being able to try to find and locate evidence.
Starting point is 00:35:05 The police now desperately asking if you have seen this vehicle. Chris McDonough, what kind of car is it specifically? It's a dark blue Suburban. It's very dirty. And they're looking for it in relationship to video or anything to that effect, probably because they locked him in to a story. And what they're looking for is to find some type of, you know, correlating evidence that would blow holes in
Starting point is 00:35:30 that particular story. Crime Stories with Nancy Grace. Lana Shadwick joining us, a lawyer out of Livingston. Is it true cops have the vehicle? Yes, they have the vehicle. And there's tapes of him at the donut shop across from the courthouse down from the jail with the vehicle. Then they arrested him or took him or detained him and asked him questions. So they've got the vehicle now. And you know, in that video you're talking about, he looks very relaxed. He's kind of like leaned up on his vehicle, all pro up on it i saw that but what you just
Starting point is 00:36:27 said lana shadwick is very very important explain forensically the importance sharon mccollum of them having his vehicle they're going to be able to take the mud and test it to see if this was right by that river they are going to look for blood they are going to look for blood. They're going to look for hair. They're going to look for anything that was left by her, maybe a toy, maybe something from her backpack that got torn off like a little key chain or something. They're going to look for anything that should not be there. Again, underwear, blood, large amounts of hair, ripped clothing, toys, anything that should not have been left in that vehicle. Absolutely. And now another development. It could give some people hope. Not to me.
Starting point is 00:37:17 Take a listen to Sheriff Byron Lyons. We feel strongly today that that backpack that was found is a high probability that it's going to be Audrey's. A backpack has been found. Cheryl McCollum, what does that tell you? It tells me we've got a direction of travel. It tells me we've got an item that this child would not have left behind willingly. It also tells me the location of where that backpack is in relation to the bus stop. Here's what I think we're looking at, Nancy. He was seen at a gas station at 9 o'clock. Without her on the video.
Starting point is 00:37:54 Without her on the video. So that's a two-hour window. So she's less than an hour away in any given direction. So where that backpack is, they should fan out, almost, you know, think about it as a spiral. And you just go out and out and out. She's going to be there near that waterway or in that water somewhere. Carla Castillo joining us, KBTX. Exactly where was the backpack found? It was found near, according to the sheriff, it was near the dam, the Lake Livingston Dam.
Starting point is 00:38:30 Lana Shadwick, tell me about Lake Livingston Dam. The lake was built, man-made. It is huge. It's the second largest lake in the state of Texas. It connects to the Trinity River, which goes into, I believe the Sandy Center River, which goes into the Gulf. And it is a moving body of water. And I hope that baby's not out there. You know, I'm just thinking about what you're saying and what Cheryl McCollum is saying.
Starting point is 00:39:02 Everybody jump in if you have a thought on this. Of course, I don't need DNA to tell me if it's John David or Lucy's backpack. I know what it looks like and I know what's in it because I look at it every morning, every afternoon, and every night before it goes back to school. One of the few clues in the disappearance of this little 11-year-old girl, Audrey Cunningham, is a red Hello Kitty backpack that she was supposed to carry to school with her on Thursday morning, Feb 15, the morning after Valentine's Day. Usually leaves the house around 7 a.m. She never made it to the bus stop half a mile away. She was given a ride by a family friend covered in Nazi swastikas.
Starting point is 00:39:51 He was spotted without her at 9 a.m. at a local gas station. Whatever went down, went down in two hours. Would you agree or disagree, Cheryl? I don't think this guy has the brains or the wherewithal to hide somebody away and continue to visit them and torture them and rape them. Whatever happened to her happened between 7 and 9. Absolutely. And if you look at pre- and post-behavior, Nancy, you've got a guy that is vacant for that period of time,
Starting point is 00:40:16 but he doesn't know the school hasn't notified anybody. So he's working very quickly. This same person finds it more important to sell items on Facebook and respond to people instead of looking for this child. Chris McDonough, John Penn. I agree with Cheryl. I agree. Cheryl is 1000% correct. And I think what's happening, you know, the sad part of this, if in fact that poor child is in that water, it'll be seven to 10 days before her body potentially would surface, depends on the currents there. And if that body does surface, you know, God forbid it is in the water, then it could surface anywhere. And so I suspect the PD,
Starting point is 00:41:01 if they're going to lean towards that body of water, we're going to see some movement around that lake pretty rapidly. Carla Castillo joining us, KBTX News. Has the person of interest, the Aryan Brotherhood member, has he been taking police to locations or identifying police for police locations to search? So the sheriff during his latest press conference said that, yes, there have been some instances. He didn't say where, but he said that McDougal has been taking them to locations. He has been asked, where were you in the last so many hours? And he has apparently been taking them to those locations. To the locations where he says he was right.
Starting point is 00:41:53 Correct. I take that with a box of salt. So Cheryl McCollum, Chris McDonough, Lana Shadwick, Carl Castillo, have you noticed that very often defendants will tell you half-truths or they might tell you a lot of the story, but they'll leave out a significant portion? Like, yeah, I went to the gas station and I stopped at Dunkin' Donuts and then I did this and that, but they're leaving out something in the middle of that. A hundred percent. All right, so where he dumped the child, the sheriff is saying they have not given up hope that Audrey is alive.
Starting point is 00:42:33 But would this be a simple matter of pinging his cell phone, Cheryl McCollum? Tracking? It could be unless he turned it off. But I'll tell you something. What law enforcement has already done it's brilliant because they have locked him in and i guarantee you they have videoed him saying i went here and here and here and they've got him on the record and on video saying where all he went well now he can't backtrack let's hear from lana okay speaking of tracks they've got mud tracks from his vehicle
Starting point is 00:43:06 along the lake whether you know he's fishing or whatever he said he was doing there's a bumper of his that hit a tree they've got that bumper evidence um and of course they've got the video and camera footage from the area that the sheriff said yesterday during the press conference that video from individuals out there has been very, very helpful. And what that means, I don't know. But he said it's been very helpful. Cheryl McCollum, Chris McDonough. What is he doing out there bumping into a tree? Why would he do that unless he was in haste?
Starting point is 00:43:51 In the same location, the same lake where the Hello Kitty backpack is found. He's in panic mode here. If, in fact, he is dumping those evidence items there and he's backing out potentially you know some of these guys get such tunnel vision uh after you know the the crime has gone down uh that they start to you know panic and that these are the kind of problems that occur you, small accidents such as this. But he's given an opportunity to cooperate from the PD. And what Cheryl said earlier is a thousand percent, again, correct, because they want to lock him in. And then, of course, they can have problems like this and say, well, you know, tell me about the bumper on your car. How did you get that? Absolutely. So you've got somebody that has said, I was with her that morning.
Starting point is 00:44:47 He forgot to hide the backpack appropriately. That's another mistake that puts himself at a location that I believe is going to end up really hurting any kind of defense he could put up later. He is putting himself where her body will be located in the general area. Remember when Scott Peterson had trouble either backing in or out of the marina after he dumped Lacey's body? Remember that? Yes. On a normal day, he probably wouldn't have had that problem. But with the nerves, whether he realized it or not, he did have a problem. This guy here bands into a tree with a distinctive bumper mark. Wonder what that is.
Starting point is 00:45:35 What could that be? But it's his all right. So why run into a tree? Why in a hurry? Why that mistake? Why in the location of her Hello Kitty backpack? As we close all eyes on the gathering law enforcement, we have learned a body has been found. And in the last moments, it has been identified as Audrey. Listen.
Starting point is 00:46:14 At this time, I sadly announce that Audrey's body was located at the Trinity River on the U.S. Highway 59. As a result of today's developments, I will discontinue the Amber Alert for Audrey, and I want to thank DPS, Department of Public Safety, for all their help in this alert. The information that we have gathered in this criminal investigation is substantial. The Polk County Sheriff's Office investigators, the Livingston Police Department, and the Texas Rangers, the Game Wardens, the FBI, Harris County Sheriff's Office, the San Jacinto County Sheriff's Office, the District Attorney's Office in Trinity County and Liberty County. It's just an outpouring of love from all of our law enforcement partners. My heart aches with this news and I express with
Starting point is 00:46:59 my deepest sympathies and condolences to everyone who knew, who cared for, and loved Audrey. The Sheriff's Office, we will continue to process the evidence that has been gathered to ensure that the justice for Audrey. And at this time I will turn the podium over to the Polk County District Attorney, Ms. Shelley Sitton. Thank you, Byron. My name is Shelley Son, and I am your Polk County District Attorney. I just want to take a few moments to explain how we're going to move forward from here. Based on all of the evidence that law enforcement has collected, they are in the process of preparing the appropriate arrest warrants for Don Stephen McDougal. At this time, we believe
Starting point is 00:47:47 the appropriate arrest warrant is going to be for capital murder and the death of Audrey Cunningham. Be sure to join us for Wednesday's Crime Stories when we bring you the very latest on this developing story. We wait as justice unfolds. Goodbye, friend. You're listening to an iHeart Podcast.

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