Murdered Texas 12-year-old Jocelyn Nungaray was raped by 2 Venezuelan illegal immigrants before they killed her: report

Under Texas law, suspects Johan Jose Martinez-Rangel, 21, and Franklin Jose Peña Ramos, 26, were not automatically referred for a death sentence in the event of a conviction as only those who murder children under 10-years-old are automatically referred for that punishment. Per ABC13, Harris County District Attorney Kim Ogg said that the revelations of sexual assault have opened the possibility for her office to seek that sentence.

Results from the tests have been sent to Ogg's office, where they will be analyzed to determine whether additional charges and perhaps increased penalties are warranted. The pair were initially arrested on capital murder charges and are being held in custody on $10 million bond. The reported sexual assault could enable the state to ask that their bond be revoked.

On the night of June 17, the suspects were spotted with Nungaray entering a 7-Eleven in Houston. The trio left the shop and walked to a nearby bridge, where Martinez-Rangel and Ramos allegedly tied her up, removed her pants, strangled her to death, and dumped her body in a nearby creek. She was found the next day with her body naked from the waist down.

Martinez-Rangel was found to have scratch marks on his arms, indicating that Nungaray had fought back. He admitted to tying Nungaray up and throwing her body in the creek but denied having been the one who killed her. Martinez-Rangel and Ramos both entered the United States illegally earlier this year, in March and May respectively, and were released by Biden's border agents and let into the US. The latter was given an ankle monitor but he cut it off on the night of the killing.

Harris County District Court Judge Josh Hill said he intends to ensure the killers face justice in the US, citing cases where suspects enter ICE custody and never have to answer for their crimes.