Men charged with killing 12-year-old Jocelyn Nungaray aren’t eligible for death penalty but that could change

HOUSTON — One of the men charged in the death of 12-year-old Jocelyn Nungaray appeared before a Houston judge Monday morning.

Franklin Jose Peña Ramos, 26, is charged with capital murder in Jocelyn’s death. Judge Josh Hill set his bond at $10 million, citing allegations that Peña was looking for money to leave town.

“He was talking to his boss, who works in construction, and asking for money, because of what they did, to get out of town,” Assistant District Attorney Meghan Long said.

Johan Jose Rangel Martinez, 22, is also charged with capital murder in the case. He is scheduled to make his first court appearance later this week.

Houston Mayor John Whitmire has already weighed in on the topic of bonds.

“I want to reach out to the court system, the justice system, we are going to be watching you,” Whitmire said after the arrests were announced. “We have filed charges. If there is any circumstance where you deny bail, this is it.”

At a news conference, District Attorney Kim Ogg said Peña and Martinez aren’t eligible for the death penalty but that could change if the evidence shows that Jocelyn was kidnapped or raped.

“Both underlying offenses would make this capital murder and these individuals death penalty-eligible,” Ogg explained. “Make no mistake, this is a horrific crime. And when we take charges, we do it based on the evidence we have at the moment.”

If the charges are upgraded, Ogg said they will ask that both men be held without bond.

Ogg was also asked about reports that Peña was wearing an ankle monitor when he was arrested.

“I can’t speak to ICE putting ankle monitors on folks and releasing them. Our immigration system is broken and if there was ever a case that reflected that, it’s this one.”

We asked ICE about the reports but they declined to comment.

Jocelyn’s mother, Alexis Nungaray, also spoke at the news conference. She thanked the community for the outpouring of support and said she’s trying to focus on the positive memories of Jocelyn.

“Her dorkiness, her quirkiness. She definitely made people laugh,” Alexis said. “She had such a bright future ahead of her and I knew she was going to go very far. And, you know, these, these monsters took that opportunity from her, from our family.”

Warning: Some details are graphic

Acting Houston Police Chief Larry Satterwhite said the department worked around the clock to identify the killers and begin the process of finding justice for Jocelyn and her family.

“Their hard work paid off,” Satterwhite said.

Investigators used surveillance cameras to track the movements of Martinez and Ramos before and after Jocelyn was strangled and dumped in the creek. They said the suspects ate at a restaurant on Northborough late Sunday and left on foot. They met Jocelyn near Kuykendahl Road and the three walked to a nearby convenience store. They left the store and walked to the bridge on West Rankin Road where Jocelyn was killed.

According to court documents, they lured Jocelyn under the bridge, where they stayed for two hours. Court records say the men took off her pants, tied her up, killed her, and threw her body into the bayou.  

Peña and Martinez were arrested early Thursday morning at the Canfield Lakes apartments on Northborough Drive where they lived together.

The arrests came a day after new surveillance photos obtained by KHOU 11 News showed Jocelyn with one of the men. In one photo, they were walking into the 7-Eleven convenience store. In the other, they were in a parking lot and Jocelyn was looking at her phone and the taller man was walking beside her.

Earlier this week, Whitmire said Jocelyn was at a convenience store and was talking to her 13-year-old boyfriend on the phone after she snuck out of her family’s apartment late Sunday. The boyfriend told police that he could hear Jocelyn talking with two grown-ups.

Hours later, Jocelyn was found in shallow water below the bridge on West Rankin Road near I-45. She’d been strangled and Whitmire said she was also raped. HPD hasn’t confirmed that.

At Thursday’s news conference, the mayor said this case was personal.

“As the mayor, as a grandfather and a father, it doesn’t get any worse,” Whitmire said.

He credited HPD’s tireless efforts as they combined “old-fashioned police work with new technology” to identify the suspects.

Whitmire also credited the community, area businesses, and the media as everyone came together for Jocelyn and her family. Now that the accused killers are in custody, Whitmire said it’s up to the courts to do their job.

Satterwhite said they still want to hear from possible witnesses as they work to build a solid case against Martinez and Ramos.

According to U.S. Immigration and Customs Enforcement, Peña Ramos and Martinez Rangel, “illegally entered the U.S. without inspection, parole or admission by a U.S. immigration officer on an unknown date and at an unknown location.” 

On March 14, Martinez was taken into U.S. Border Patrol custody near El Paso. That same day he was released on an order of recognizance with a notice to appear, the statement said.

Peña was also taken into custody by the U.S. Border Patrol on May 28 near El Paso. He was also released on an order of recognizance with a notice to appear the same day he was apprehended.

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Jocelyn’s mother, Alexis Nungaray, was told about the arrests before the charges were made public.

On Wednesday, she described her daughter as spunky, goofy, and loving.

“I’m, like, angry that they took advantage of her. She was so young. She was 12, you took my baby away, you took her away,” Alexis said through tears. “Now, I get to let her little brother know his older sister is never coming home.”

Alexis said she was a teen mom when she had Jocelyn and she was excited to see what the future held for her daughter.

“She turned into a beautiful, beautiful young lady,” Alexis said. “I was really looking forward to seeing how she was gonna be and they took every opportunity away from me and my family.”

She doesn’t know why Jocelyn snuck out of their apartment Sunday night.

“I always told her, ‘Never leave the house, never leave unattended, always be safe. There’s people around here that are crazy,'” Alexis said. “I just hope, I hope they are found because Jocelyn was a fighter. She fought hard. She needs justice. She didn’t deserve this and she needs to be rested at peace.”

Jocelyn’s uncle said she was always smiling and loved her family very much.

“Jocy was a smart, loving, nurturing young lady. She brightened up the room every time she came by and was loved by everyone around,” Joamel Guevara said. “She had no reason to die the way she did.”

A GoFundMe.com account was set up on behalf of Jocelyn’s family to help pay for funeral expenses.

RELATED: ‘You took my baby away’ | Mother of 12-year-old found strangled in creek left devastated, angry