Missing Texas girl found dead; charge near, sheriff says

Polk County District Attorney Shelly Sitton, left, speaks alongside Sheriff Byron Lyons, right, as she and other law enforcement officials announce that the body of 11-year-old Audrii Cunningham was found in the Trinity River near her home, Tuesday, Feb. 20, 2024, in Livingston, Texas (Jason Fochtman/Houston Chronicle via AP)
Polk County District Attorney Shelly Sitton, left, speaks alongside Sheriff Byron Lyons, right, as she and other law enforcement officials announce that the body of 11-year-old Audrii Cunningham was found in the Trinity River near her home, Tuesday, Feb. 20, 2024, in Livingston, Texas (Jason Fochtman/Houston Chronicle via AP)

Divers recovered the body of 11-year-old Audrii Cunningham from a Texas river days after the girl vanished, and authorities are preparing to file a murder charge against a family acquaintance, a sheriff said Tuesday afternoon.

Polk County Sheriff Byron Lyons said Audrii's body was found by divers during a search in the Trinity River in a rural area north of Houston. Her body was located about 10 miles from her home near Lake Livingston.

"My heart aches with this news," Lyons said.

Audrii's family reported her disappearance on Thursday after she failed to return after school to her home in Livingston. After she was reported missing, investigators discovered that she never got on the bus to go to school that morning.

Polk County District Attorney Shelly Sitton said officials were preparing an arrest warrant for a 42-year-old man on a recommended charge of capital murder. She said they do not yet know whether they will seek the death penalty in the case.

Lyons said there is "substantial evidence" in the case, and that cellphone data and videos helped identify places to search. He added that the Trinity River Authority lowered water levels on the river, which led to the discovery of her body.

Authorities have said the suspect is a friend of the girl's father. Audrii lived with her father, grandparents and other family members, authorities said.

Lyons has said that in the past, the suspect had taken Audrii to the bus stop or would take her to school if she missed the bus.

A backpack that authorities believe belonged to the child was found Friday near the dam on Lake Livingston, one of the state's largest lakes.

As authorities investigated Audrii's disappearance last week, they had named the suspect as a person of interest and he was arrested Friday on an unrelated assault charge. He remained in jail Tuesday on that charge. Jail records did not list an attorney for him.

Court records from Brazoria County, south of Houston, show he pleaded no contest to two felony counts of enticing a child stemming from a 2007 incident and was sentenced to two years in prison.

The sheriff said that the girl's body has been taken to the Harris County medical examiner's office in Houston to determine the cause of death.

Information for this article was contributed by Sean Murphy of The Associated Press.

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