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.”
Alexis Nungaray, Jocelyn’s mother, shared her thoughts on the decision to seek the death penalty in a voice recording sent to KPRC 2′s Bryce Newbery.
“I’m doing okay, you know, holidays are a hit or miss with feelings and emotions so I’m doing okay. But yes I did hear the news today. I personally spoke with Kim Ogg this morning just to make me aware that it’s public news. Now I’ve kind of expected this to happen solely for the fact because I’ve had previous conversations with Kim Ogg a few weeks ago leading up to this decision, and so it kind of was already in perspective that that was the route they were wanting to go. Now I really was in the air originally, me and my family were in the air. Some were all for the death penalty, some were just for life without parole and I myself was in the air about it just because essentially I know I wasn’t the only one to make the final say of what happens to them and what their punishment is, but that’s a huge decision to come to terms with. And I really was weighing out the pros and the cons of which is the best punishment for the most outpour of justice for Jocelyn. And after doing some thinking and some considering of the facts, you know, it’s an eye for an eye at this point. Jocelyn being as innocent as she was, they ripped her innocence away from her and they did it so effortlessly. And I think it’s unfortunate that this had to happen, it hurts my heart every single day, but you know, it is what it is. It’s the punishment that fits the crime. If they didn’t want to be up for the death penalty, they should’ve never did something so heinous and so inconsiderate to the life they were taking and to the family they did it to, because our family is going to continuously fight and fight and be a voice for her. I do support Kim Ogg’s decision and the DA’s for wanting to push the death penalty for both of them.”
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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