Outgoing Harris County District Attorney Kim Ogg announced that her office will seek the death penalty against two men accused of the sexual assault and murder of 12-year-old Jocelyn Nungaray.
Franklin Peña, 26, and Johan Martinez Rangel, 22, were charged with capital murder in June, shortly after they allegedly raped and strangled Jocelyn before leaving her body in a shallow creek near her home. In September, they were indicted on charges of aggravated sexual assault and kidnapping, according to court records.
The District Attorney’s Office stated that it would file a notice on Friday with Judge Josh Hill’s 232nd District Court, formally declaring its intent to pursue the death penalty. Peña, Martinez Rangel, and their legal representatives will also receive notification.
“Jocelyn’s murder was one of the most vile, brutal, and senseless cases I’ve encountered during my time as district attorney,” Ogg said in a statement. “What makes this tragedy even more unbearable is knowing that these men were in the country illegally. Had they been detained after being apprehended at the border, Jocelyn’s murder could have been prevented, and her family’s future would not have been shattered.”
Houston police believe Jocelyn sneaked out of her family’s apartment around 10 p.m. the night before her body was discovered in the creek.
Following her death, U.S. Immigration and Customs Enforcement (ICE) confirmed that Peña and Martinez Rangel had entered the U.S. near El Paso without inspection or proper authorization by immigration officials. The case has since drawn widespread national attention.
Jocelyn’s mother, Alexis Nungaray, has become an outspoken advocate for stricter border security measures. She has frequently appeared alongside Republican politicians, including President-elect Donald Trump and U.S. Senator Ted Cruz, urging for legislative reforms.
Ogg, who is completing her second and final term as district attorney, will leave office at the end of the year. She will be succeeded by Sean Teare, a former prosecutor from her office who defeated her in the Democratic primary in March and won the November general election against Republican candidate Dan Simons.
