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    McDougal Criminal Complaint

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    McDougal Criminal Complaint

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    2K views5 pages

    McDougal Criminal Complaint

    Uploaded by

    Leigh Egan
    McDougal Criminal Complaint

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 5
    MAGISTRATE'S WARNING Booking No.: 41798 [STATEOF TEXAS-COUNTY OF POLK _§ Galore me, the underigned magisivte of he Stale of Texas on fis Gay personally ‘appeared MCOOUGAL, DON STEVEN In the custody ofa police officer, and said person was van the ‘CHARGES OFFENSES - PARTE. 4, CAPITAL MURDER PERSON EQUAL MORE THAN 10 YOALESS. ‘Court of Juredietion Pok One ons east O_o Barta 447 —— Ue or hres th fers (Sn Pat 8) An cng yr us creme nt ras NOM] Deon hed ws cut You have the right to an iatrpreto you donot oF understand the English language or you have ‘hearing epsiment UF, You nave ne righ to hie an attorey to ropresent Toure icbon ies Woraet# ‘You have the night to have an attomey present during 2 = ow any nano of qunstonng by peas Cour of voediaion Warrant # ‘ofcars or atiomeye representing the State ‘You have the right to roquest the appointment ofan _atomey you cant afer one. DOES NOT APPLY ‘Bond (Magistrate On), ‘TO CLASS C MISDEMEANOR OFFENSES. 4 Rosscosbio assistance is avaiable in competing the Cour of Sureaicion ‘necessary eppication and finance slalement fr Warrants {ho Cout to determine fyou are indigent ae ‘You have the ght to remain sleet * oi Toor of taredicion Warant Bond (Magistrate On), 7 Someta cet Se arate err ‘You have the ght to sop any interview oning a any tine. Gaur of redicion ‘You have the ght 0 have an examining Wan felony Warrants Sates ony. ‘Bond (Magistrate Oni) PROBABLE CAUSE DETERMINATION 1 ‘Sufllat facts have boon presetd ta ie underoath by Gourtefturediction ‘affidavit, sworn testimony. cr eerie 1 show that wanes robeble cause exist forthe continued detention ofthe ofondant as tothe charges listed in PART 8, ‘Bond (Magistrate Oni) (cick ONE G) 1DO NOT WANT a cout sppoinad attorney [IWAN 2 cour appointed attorney Gout et Toraaiaion Warant Bond (Magistrate Only) TOTAL BOND SETA C. Bond Conditions issued 1793 NWASHINGTON AVE, LVINGSTON, TX 77351 TOTWESHERIFFOF POLK COUNTY, TEXAS - GREETINGS: You your county, the above named defendant wamed by me. The sald dalendent is commited to aby my oer, siting 2s a magistrate to answo othe Stale of Texasbefore the approprate Cour of POLK County, Texas, atts net term, tobe eld a the appropiate court of urscction when noted forthe offense(s) ofa felonyimiscemeano’ as Ksod in PART 8 above, Bailie granted or danid said dofendant aa stated above. youare nota United States cltizan and you have bgen arrested or detained, you are ened to have us nolify your countrys ‘cones. Do you want uso notify your consular? ZNO [-]YES Country loNotiy? Copy: Jil, Judge, Defendant state's Waring 2 sian CASE# §2400188 IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS Cu1a38 COMPLAINT BEFORE ME. personally appeared the undersigned affiant, Det, Kayla Hemperly, who, after being by me duly sworn, deposes and say that Don Steven McDougal , W/M, DOB ga? QouGRaammmmanar x DLAGEREEEBMBWho is here in after styled defendant, on or about February 15, 2024, and before the making and filing of this complaint, County of Polk and State of Texas, did then and there intentionally and knowingly cause the death of an individual, namely Audrii Danielle Cunningham, 10 years of age or older but younger than 15 years of age, by unknown means. The affiant being identified herein as Det. Kayla Hemperly employed with the Polk County Sheriff's ‘Office Criminal Investigation Division. The affiant, Det. Hemperly, has over 6 years’ experience in the field of Law Enforcement. Your affiant has specialized training in the field of murder offenses, assaults, sex crimes, crimes against children, and other felony offenses. 4. Affiant shall show that on the morning of February 15, 2024, Polk County Sheriffs Office detectives investigation has revealed that said defendant Don Steven McDougal along with the child victim left the home of the child victim located at SIAgmamMl Dr in the Lake Livingston Village Subdivision in Livingston, Polk County, TX. McDougal and the child victim left in ‘McDougal's 2003 Chevrolet Suburban with intent to drop the child victim off at the school bus stop, near the entrance of the subdivision. It was discovered the child victim was not at that bus stop when a Livingston ISD bus arrived at the location and discovered that the child did not make it'to Creekside Elementary that day 2. Affiant shall show that on February 20, 2024, the body of the 11-year-old child victim Audrit Daniele Cunningham was located during a search of the Trinity River. Law enforcement Dive ‘Teams located the child victim's body within the Trinity River, near State HWY 59 South, at the Polk / San Jacinto County Line. San Jacinto County Justice of the Peace C. McGee ordered the Child victim's body to be transported to the Harris County Medical Examiner's Office for autopsy ‘and to determine the cause of death. 3. The affiant shall show Don Steven McDougal was a friend of the Cunningham family and resided on the family property in a cab over camper. McDougal had access to the interior of the child victim's home. 4. The affiant shat! show that video footage and cell phone data places McDougal at three locations of interest. Evidence in connection with the defendant and the child victim was located at two of those locations and recovered. One of these locations is the Trinity River near State HWY 59 South, where Audri’s body was later located. 5. Affiant shall show throughout the investigation, investigators were able to determine through cell phone data, video footage and other forensic evidence McDougal lied about his whereabouts and activities on the day of February 15, 2024. 6. Affiant shall further show that upon recovery of the child victims body, law enforcement discovered a large rock tied to the child victims’ body. The rope used was consistent with rope that was observed in McDougal's vehicle on a traffic stop two days prior 7. Affiant shall further show that through investigation there is sufficient evidence to show that on. the date of February 15, 2024, said defendant Don Steven McDougal committed the offense of Capital Murder AGAINST THE PEACE AND DIGNITY OF THE STATE OF TEXAS Witness my signature this the 20 day of Rbrvcrge 2004 ¥ A rene Polk County Sheriff's Office ‘Affiant ‘Agency Fn RN TO AND SUBSCRIBED BEFORE ME BY Det. Kayla Hemperty, a credible person, this CQO day of “ = ‘AD. 2024, MaGt: Polk County, Texas, WARRANT OF ARREST Copy. CASE asaao018s causen_F4 1988 _— ssueo:_ 2-90-9084 ‘THE STATE OF TEXAS vs DON STEVEN MCDOUGAL ed SS Snr ed THE STATE OF TEXAS ‘TO ANY PEACE OFFICER OF THE STATE OF TEXAS, GREETING: YOU ARE HEREBY COMMANDED TO ARREST DON STEVEN MCDOUGAL IF FOUND TO BE IN YOUR COUNTY, AND BRING BEFORE ME, A MAGISTRATE, IN AND FOR POLK COUNTY, TEXAS. INSTANTER, THEN AND THERE TO ANSWER THE STATE OF TEXAS FOR AN OFFENSE AGAINST THE LAWS OF SAID. STATE, TO-WIT: =>10Y0A CIS NUMBER 09990031 OF WHICH OFFENSE, E 1S ACCUSED BY THE WRITTEN COMPLAINT, UNDER OATH, OF DETECTIVE KAYLA HEMPERLY, FILED BEFORE ME. HEREIN FAIL NOT, BUT OF THIS WRIT MAKE DUE RETURN, SHOWING HOW YOU HAVE EXECUTED SAME av", doa, ie, clndlodics MAGISTRATE, Polk County, Texas WITNESS OF OFFICIAL SIGNATURE, THIS. OFFICER'S RETURN ‘Came to hand this aay of, +AD.20__,at Lo" clock _.M. And Bxecited on the aay of AD.20__.at_ o'clock _M, by arresting the within aried DON’ STEVEN mcpouGa ia County, Texas and taking HIS/HER bond, which is herewith returned, placing HIM/HER in the county ji Livingston, Texas. Polk County in | actually and necessarily traveled __mles inthe service ofthis writ, im sddition to any other mileage I may have traveled in the service of other process in this ease during the same trip FEES: Making arrest $ Sheriff Byron Lyons Mileage miles $. Polk County, Texas Taking Bond by Commitment Release s TOTAL 5 Deputy, WARRANT OF ARREST CASK ws2a00i8s causen__F41938 rssup._-d0 -Qoat ‘THE STATE OF TEXAS vs DON STEVEN MCDOUGAL DL amano SS ec 00: i ‘THE STATE OF TEXAS TO ANY PEACE OFFICER OF THE STATE OF TEXAS, GREETING: YOU ARE HEREBY COMMANDED TO ARREST DON STEVEN MCDOUGAL IF FOUND TO BE IN YOUR COUNTY, AND BRING BEPORE ME, A MAGISTRATE, IN AND FOR POLK COUNTY, TEXAS. INSTANTER, THEN AND THERE TO ANSWER THE STATE OF TEXAS FOR AN OFFENSE AGAINST THE LAWS OF SAID STATE, TO-WIT: PI > WWYOA

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