By | March 2, 2024

Accident – Death – Obituary News :

The Tragic Incident in Austin, Texas

As mourners prepare for the funeral of 11-year-old Audrii Cunningham, who was killed near Houston, the community is left reeling with questions about how the suspect in her death was allowed to remain free despite a long criminal history of violence.

A Community in Mourning

Nearly two decades before Don McDougal was charged with capital murder in Audrii’s slaying, he was accused of indecency with a child by climbing into another Texas girl’s bed and attempting to undress her. That previous case was pleaded down to a lesser charge of enticing a minor, allowing him to remain off the state sex offender registry, according to Brazoria County documents.

A Legal Loophole Exposed

Last year in the county where Audrii’s family lives, McDougal was accused of stabbing a man, but authorities said they didn’t have enough evidence at the time to arrest him on a charge of aggravated assault.

Seeking Justice for Audrii

Now, her family and victim advocates are calling on lawmakers to close the legal loophole that allowed McDougal to stay off the sex offender registry and question what they see as the failure of the criminal justice system to keep Audrii safe.

A Father’s Anguish

Wayne Davis, the father of the child McDougal pleaded guilty to enticing in 2008, said the legal system “failed my daughter 100% and failed Audrii and who knows how many other children.”

Community Outcry

Since finding out about the legal loophole, Andy Kahan, director of victim services and advocacy at Crime Stoppers of Houston, has begun a campaign to change state law.

Proposed Changes

Kahan is in talks with legislators to add enticing a child, when the crime involves a sexual element, to the list of offenses required to register on the state’s sex offender registry. The measure, which would be named after Audrii, has received early support from lawmakers.

Looking Towards the Future

State Rep. Trent Ashby, a Republican who represents Livingston, said in a statement that he is committed to making the change during the state’s next legislative session in 2025.

A Call for Accountability

Mary Sue Molnar, executive director of Texas Voices for Reasons and Justice, hopes any proposed law remains limited and doesn’t group everybody into the same category. She questions why McDougal was not arrested when first identified by the victim in a stabbing last year.

Unanswered Questions

The lawyer who represents David Stanley, the person stabbed outside his Polk County home last fall, said he is unsure what changed after his client called police to identify McDougal as a suspect in September.

Acacia Coronado, The Associated Press

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