Jocelyn Nungaray’s heartsick family heard how the young girl fought with her dying breath as migrants raped and strangled her before disposing her body in a Houston bayou.
Jocelyn Nungaray’s body was found floating in a creek near her Houston home after she was lured under a bridge and sexually assaulted for two hours by Johan Johan Jose Rangel Martinez, 21, and Franklin Jose Pena Ramos, 26.
While prosecutors and police both believe the young girl was raped the alleged assailants have not yet been charged with sexual assault, and the results of the victim’s rape kit are still pending.
Harris County District Attorney Kim Ogg said on Tuesday, ‘the evidence is clear that a sexual assault likely happened. But since neither defendant has actually admitted that, circumstantial evidence will have to prove it.’
‘We are waiting on lab tests now to see if the capital murder charge can be upgraded to one where they are death penalty eligible,’ Ogg told Fox News.
If charged with the sex crimes, the prosecutor will be able to seek the death penalty in this case.
During dramatic court scenes, one of Jocelyn’s family members shouted ‘Murderer,’ to Rangel-Martinez, who has two children of his own, ages 5 and 2, Click2 Houston reported.
She said in Spanish: ‘I hope they kill your children,’ as the shackled Rangel-Martinez walked out of the Harris County courtroom on Tuesday.
Alexis Nungaray, Jocelyn’s mother, pictured center, with other heartsick family members during a news conference on Monday after one of the accused, Franklin Pena appeared in court Monday
Jocelyn’s mother Alexis hugs family members in the Harris Count courtroom
Jocelyn, 12, was lured under a Houston bridge last week and sexually assaulted for two hours before she was strangled to death by two illegal migrants
Franklin Pena, one of the two men accused of killing 12-year-old Jocelyn Nungaray, is led out of the courtroom after bail was set for $10 million
During the court hearing, prosecutors said Martinez-Rangel had bite marks and scratches on his arm, and shaved his facial hair after the murder to avoid being discovered.
Assistant District Attorney Megan Long and lead prosecutor said in court that Pena Ramos told cops he reportedly tried to convince Rangel Martinez to stop but he allegedly refused and climbed on top of Jocelyn and strangled her.
She also said that that Rangel Martinez reportedly said to Pena Ramos that he had to ‘finish what he started,’ as he covered the young girl’s mouth.
Rangel Martinez admitted to tying Jocelyn up, and tossing her body in the the bayou, but claimed he did not kill her, The New York Post reported.
On Monday, Peña Ramos also accused of killing the 12-year-old claimed he only kissed Jocelyn, and denied any wrongdoing.
On Tuesday, the judge set Rangel Martinez bail at $10 million and said he was a potential flight risk. The same conditions applied to Pena Ramos.
Jocelyn’s grief-stricken mother, Alexis appeared in court. She called the two men, who took her daughter from her ‘monsters.’
‘She was amazing, I still see her face in the back of my head every day, all day. I keep getting little signs about her throughout the days and it’s been a very, very hard time for me and my family,’ Nungaray said, as per the news outlet.
‘She had such a bright future ahead of her and I knew she was gonna go very far and these monsters took that opportunity from her, from our family.’
Alexis Nungaray, Jocelyn’s mother held a candle during a vigil for her daughter on Friday night
The grief-stricken mother called the two men who took her daughter from her ‘monsters’