Two illegal aliens, charged with murdering 12-year-old Jocelyn Nungaray in Houston, Texas, in June, are not yet eligible for the death penalty, the Harris County District Attorney’s Office revealed.
As Breitbart News reported, Venezuelan illegal aliens 22-year-old Johan Jose Martinez-Rangel and 26-year-old Franklin Pena — both released into the United States from the southern border — were arrested and charged with murdering Jocelyn Nungaray in the early morning of June 17.
Harris County District Attorney Kim Ogg (D) has since released grizzly details of Jocelyn’s murder, explaining that the girl’s body was found in a creek near a bridge, nude from the waist down, with her hands and feet bound together and cuts all over her backside.
An autopsy report listed strangulation as Jocelyn’s cause of death.
According to the Harris County District Attorney’s Office, after Martinez-Rangel and Pena lured Jocelyn to the bridge nearby where her body was found, Martinez-Rangel grabbed her around the neck, jumped on top of her, and covered her mouth with his hands so she could not scream for help.
After allegedly murdering Jocelyn, the two illegal aliens sought to skip town and disguise themselves so they could avoid charges in Houston.
Despite the brutal nature of the case, Ogg said Martinez-Rangel and Pena are not yet eligible for the death penalty because of Jocelyn’s age. That could change if a sexual assault lab test comes back positive and the two are charged with raping Jocelyn.
“We hope that there’s evidence that remains to be tested,” Ogg told local media.
According to Immigration and Customs Enforcement (ICE) officials, Border Patrol agents apprehended Martinez-Rangel at the border near El Paso, Texas, on March 14. The same day, he was released into the U.S. interior on an order of recognizance with a Notice to Appear (NTA) at a later date before a federal immigration judge.
Border Patrol agents apprehended Pena near El Paso on May 28 and released him into the U.S. interior that day on an order of recognizance with an NTA — just 20 days before he allegedly helped murder Jocelyn.
On the night of June 16, Jocelyn snuck out of her apartment building after her mother went to sleep. Jocelyn’s boyfriend is reportedly the last person to have spoken to the girl. Shortly after midnight, Jocelyn can be seen on surveillance cameras at a 7/11 convenience store alongside Martinez-Rangel and Pena.
Police said Jocelyn, Martinez-Rangel, and Pena ended up at a nearby bridge after leaving the 7/11 store. Police allege that sometime between 1:00 a.m. and 2:00 a.m. Martinez-Rangel and Pena strangled Jocelyn to death and left her body in a creek at the bridge. Jocelyn’s body was found in the creek later that day.
Martinez-Rangel and Pena remain in Harris County Jail. On Monday, Pena’s bail was set at $10 million. Martinez-Rangel will have his bail set later in June. ICE agents have placed detainers on both illegal aliens, requesting custody of them should they get released from jail at any time.
John Binder is a reporter for Breitbart News. Email him at
