Jocelyn Nungaray, 12, was raped on night of murder, Houston authorities confirm, making the two illegal immigrants charged in her death eligible for the death penalty
- Venezuelans Johan Jose Rangel Martinez, Franklin Jose Pena Ramos charged
- READ MORE: Jocelyn Nungaray's accused
A 12 year-old Texas girl was raped before being murdered by two illegal immigrants, police say.
Jocelyn Nungaray suffered a sex attack prior to her killing last month, the medical examiner in Houston confirmed two weeks after her slaying.
Houston prosecutors have been awaiting forensic evidence of a sexual assault because a second crime on top of murder would make the two Venezuelan men accused of killing her eligible for the death penalty.
Johan Jose Rangel Martinez, 21, and Franklin Pena, 26 are charged with capital murder in Nungaray's death.
They are accused of luring the girl underneath a bridge where they stayed with her for two hours before the men emerged alone.
Her body was found the next morning after she had been strangled, bound and thrown in a bayou. She was naked from the waist down.
The men met Jocelyn, who had snuck out of her house, as she was walking to a 7-11 around 10 p.m. June 16.
The men walked to the store with her and later under the bridge. Investigators have yet to say which of the men they believe raped Nungaray.
Investigators say two Venezuelan men lured Jocelyn from a 7-11 underneath a bridge where they strangled her and likely raped her June 16
Although the men were charged with capital murder-- which would normally make a suspect eligible for the death penalty in Texas-- it did not in this case.
In the Lone Star State, a capital murder charge usually means a person murdered someone else while committing a second crime.
Some years ago, 'capital murder' was expanded in Texas to include the murder of a child between 10 and 15, even if no other crime was committed.
In order to get the law passed, legislators stripped the death penalty component for 10-15 year-olds.
For murder victims in that age range, a suspect must be accused in a second crime in order to qualify for lethal injection.
Franklin Jose Pena Ramos, 26, one of the two men accused of killing 12-year-old Jocelyn Nungaray, is led out of the courtroom on Monday. His bail was set for $10 million
Johan Jose Rangel-Martinez, 21, one of the two men accused of killing 12-year-old Jocelyn Nungaray
In Jocelyn's case, prosecutors did not initially have proof that a second crime was committed against her.
They couldn't even charge the suspects with kidnapping-- as the girl was seen in surveillance video willing leaving with the two men.
Since last week, Houston District Attorney Kim Ogg said she was waiting for lab tests that could make Pena and Martinez eligible for capital punishment.
'Should those tests produce evidence that would support a charge of sexual assault or should other evidence be brought forward that supports a charge of kidnapping, both underlying offenses would this capital murder and these individuals death penalty eligible,' Ogg explained in a press conference last week.
Johan Jose Rangel-Martinez, 21, one of the two men accused of killing 12-year-old Jocelyn Nungaray, is led from the courtroom by deputies on Tuesday
Franklin Jose Pena Ramos, 26, one of the two men accused of killing 12-year-old Jocelyn Nungaray, is led out of the courtroom on Monday. His bail was set for $10 million
One of the suspects has pinned the blame of the girl's death on Martinez.
Pena told authorities he asked Martinez to stop while under the bridge, local KTRK reported Monday.
Instead of stopping, Martinez put his arm around Jocelyn's neck and covered her mouth.
Once she was dead, Martinez tied her up and told Pena to throw her in the bayou to remove any DNA.
Both men are currently being held in jail with $10 million bonds each.
First Lady of Texas Cecilia Abbott (center) stands with Lt. Gov. Dan Patrick as they address the other of Jocelyn Nungaryay at her funeral in Houston Thursday
Nungaryay's great aunt Julie looks over at the girl's casket and says, 'We will get them and they will get what they deserve,' of her loved one's killers
A third man who briefly lived with the two suspects was the one who ratted them out to the cops.
The unnamed roommate claims he had only lived with Martinez and Pena for a matter of days when he ate dinner with the accused killers the night of Jocelyn's murder at a restaurant called 'Ojos Locos' -- or 'crazy eyes' in Spanish, according to Fox 26.
Two days after her slaying, as Houston police led a full-fledged manhunt for Nungaray's killers, the tipster was watching TV with Martinez and Peña when their photos flashed on the screen.
The roommate 'tried not to react', as he wasn't even sure it was them.
Through a family member, the roommate contacted investigators who were able to arrest them.
Last week, hundreds attended a funeral for 'Jocey,' her family's nickname for her, as she was laid to rest in Houston.
The body of Jocelyn Nungaray, a 12-year-old girl who was murdered in Houston, Texas by two migrants from Venezuela, is carried to her final resting site the day of her funeral
The costs of her funeral were paid for by a local businessman, after the family expressed they could not cover the costs themselves
Jocelyn Nungaray's mother, pictured center in sunglasses looking down next to a little boy, did not speak at her daughter's service
'Today is the last day I will get to physically see you and just touch you one more time,' Jocelyn's great aunt Julie said.
'We will see you again-- I promise.'
'Jocey' was remembered as having a passion for reading fantasy books, especially Harry Potter.
Her hour-long funeral was open to the public and was attended by the First Lady Cecilia Abbott of Texas and the state's lieutenant governor.
They sat up front and knelt by the girl's mother during the end of the service, offering comfort.
