Harris County District Attorney Kim Ogg announced Friday her decision to seek the death penalty against two men charged with the abduction, assault, and murder of 12-year-old Jocelyn Nungaray in June.
Johan Jose Martinez-Rangel, 22, and Franklin Pena, 26, both Venezuelan nationals, face capital murder charges for the June 16 abduction, sexual assault, and strangulation of Nungaray.
Her body was discovered in shallow water under a bridge in Houston’s Greenspoint area the following day. Both men remain in custody at the Harris County Jail.
“Jocelyn’s murder was as vile, brutal and senseless as any case in my tenure as district attorney,” Ogg said Friday. “And it was made worse by knowing that these two men were here illegally and, had they been held after being captured at the border, they would never have had the opportunity to murder Jocelyn and destroy her family’s future.”
Franklin Peña’s defense attorney, Daniel Werlinger, clarified the timeline regarding the prosecution’s decision to pursue the death penalty in Peña’s case.
“This is actually old news,” Werlinger said in a statement. “The trial prosecutors informed us of the decision to seek death in mid-November.”
Werlinger added, “Like today’s announcement, Kim Ogg’s use of a case for personal or political posturing is old news.”
The defendants, who entered the United States illegally earlier this year, were reportedly detained by Border Patrol agents but later released on their promise to appear in court. One suspect was still wearing an ankle monitor at the time of his arrest for Nungaray’s murder.
MORE: Significant events surrounding death of 12-year-old Jocelyn Nungaray
Surveillance footage and evidence led law enforcement to the suspects, who were arrested at a nearby apartment complex days after Nungaray’s body was found.
A judge has since enacted a gag order limiting public discussion of the case to protect the integrity of the trial and ensure a fair judicial process.
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