Harris County DA seeks death penalty for men accused in 12-year-old Joceyln Nungaray's murder

HOUSTON, Texas (KTRK) -- Harris County District Attorney Kim Ogg announced on Friday that her office will seek the death penalty against the two men charged in the death of 12-year-old Jocelyn Nungaray over the summer.

Johan Jose Martinez-Rangel and Franklin Pena, two Venezuelan nationals, are charged with sexual assault and murder in Jocelyn's death.

Both are being held in the Harris County Jail.

In June, Jocelyn's body was found in shallow water under a bridge in Houston's Greenspoint area.

Ogg's office filed the official notice this morning stating its intention to seek the death penalty in this case.

The notice is also being provided to both defendants and their attorneys.

THE CASE

On June 17, Jocelyn's body was found in a creek in the 400 block of W. Rankin near Kuykendhal, which is just walking distance from where she lives.

Investigators believe the young girl had snuck out of her home the night before at about 10 p.m. As the investigation continued, police would later release images of the suspects wanted in connection with the case.

ABC13 had also obtained surveillance video showing what appeared to be her last moments alive, her whereabouts from that night, and her encounter with her accused killers.

Police said the two men started their evening at a Northborough-area restaurant together. They left the restaurant on foot and were walking southbound. Pena and Martinez-Rangel were later seen talking with Jocelyn for a few minutes on Kuykendahl Road. Later, they were seen walking with her to a convenience store.

After a few minutes, all three of them would walk to a bridge where Jocelyn was murdered, according to police.

In the days following the gruesome discovery, police would arrest Pena and Martinez-Rangel and charge them with capital murder.

Now, both suspects sit in jail, awaiting a trial date.

The case has drawn intense national coverage due to U.S. Immigration and Customs Enforcement confirming the suspects from Venezuela were in the country illegally. Jocelyn's death has been used in several political campaign advertisements, namely the Ted Cruz-Collin Allred Senate race in Texas.

In July, Sen. Cruz and U.S. Rep. Troy Nehls of Fort Bend County, both Republicans, introduced the Justice for Jocelyn Act that they say would "improve the detention and tracking of illegal aliens entering the United States." The bill was referred to the Senate Judiciary Committee but hasn't gone any further than that.

RELATED STORIES:

12-year-old found strangled in N. Houston creek was 'caught with the wrong people,' her mom says

Persons of interest now charged with murder in 12-year-old's strangulation, Houston police say

12-year-old girl found in creek had been sexually assaulted, Houston Forensic Science Center says