HOUSTON – A $10 million bond was set for Franklin Peña, 26, one of two suspects charged in the murder of 12-year-old Jocelyn Nungaray.
Peña, along with 22-year-old Johan Jose Martínez Rangel, faces charges of capital murder in this tragic case.
Here’s what happened in court
Peña stood in front of a District Court judge while handcuffed wearing a yellow jumpsuit. Prosecutors gave a rundown of the suspects’ whereabouts the night of June 17 before Jocelyn’s body was discovered in a north Houston creek.
The girl’s body was found at 6:49 a.m. under a bridge. She was nude from the waist down, her hands and feet bound. The autopsy reported her cause of death as strangulation. She also had cuts on her backside.
READ THE FULL TIMELINE: Significant events surrounding death of 12-year-old Jocelyn Nungaray
“I’m thankful for the ruling today, the amount of bail that was set. I know for a fact they’re not going anywhere. They’re going to stay where they belong and the system, justice will prevail,” said Kelbin Alvarenga, Jocelyn’s Grandfather.
During Monday’s news conference after Pena’s arraignment, prosecutors said both men were looking for money to get out of town after Jocelyn’s murder. Pena called his boss who works at a local construction company.
“There was an understanding that something went wrong, someone got hurt and someone was killed. But as far as any more details on exactly what he said, no,” said Megan Long, the lead prosecutor.
Long, said the boss notified police.
“That is one of the ways that the police were able to determine where they were and who the suspects were,” said Long.
Investigators said Jocelyn snuck out of her family’s apartment sometime after 10pm on June 16th. Pena and Martinez visited a local bar for hours. They eventually saw Jocelyn at a 7/11 and asked her for directions.Court records show they Lured Jocelyn to a bridge. Pena told authorities he tried to tell Martinez to stop, but Martinez put his arm around Jocelyn’s neck and covered her mouth. Martinez allegedly tied Jocelyn up and told Pena to put her body in the water to remove any DNA.She was found without her pants and had cuts on her body. So far, only Pena has been arraigned.
Jocelyn’s mother, Alexis Nungaray, said justice is the only option for her goofy and loving daughter.
“I just want people to remember. I know this is a very high-profile, case, but she was still my firstborn. I was a teen mom. Fought for her at 15, so now 27, I’m still fighting for her. And just remember that she was a very special little girl that deserves her justice,” said Nungaray.
Both men are from Venezuela. Border patrol released both men on their own recognizance after they were arrested near El Paso earlier this year. Jocelyn’s grandfather is calling for leaders to change the immigration laws.
This tragedy has caused a debate over immigration in the US. Both President Joe Biden and former President Donald Trump weighed in on this case over the weekend.
In response to the murder, a White House spokesperson expressed condolences to Jocelyn’s family: “Our hearts go out to the family and loved ones of Jocelyn Nungaray. We cannot comment on active law enforcement cases. But fundamentally, anyone found guilty of this type of heinous and shocking crime should be held accountable, to the fullest extent of the law.”
Former President Donald Trump has attributed the girl’s death to the Biden administration’s border policies. Trump shared a post on Truth Social from Oli London about Jocelyn’s murder, blaming the administration’s immigration stance for her death.
“We have a new Biden Migrant Killing - It’s only going to get worse, and it’s all Crooked Joe Biden’s fault. He’s a disgrace to the Office of President, he’s a disgrace to America. I look forward to seeing him at the Fake Debate on Thursday. Let him explain why he has allowed MILLIONS of people to come into our Country illegally!” Trump posted.
Lauren Hitt, a spokesperson for the Biden campaign, responded by criticizing Trump’s approach: “Donald Trump is making Americans less safe by blocking the border deal.”
The judge and attorneys also spoke about the death penalty in this case once lab results are confirmed. At this time, Harris County District Attorney Kim Ogg said the current charges the suspects face do not make them eligible for the death penalty.
Ogg explains why this case is not currently eligible for the death penalty:
“Our laws treat the age of victims differently, and they’ve changed where they draw the line. Used to be children under six. If they were murdered, that created an underlying offense that would support death penalty and capital murder. That law was expanded to 10 years old and under, and then further expanded from 10 to 15. If the victim was 10 to 15 years old, yet the death penalty was taken off the table by the legislature, and instead they suggested that life without parole would be the appropriate charge. But age is not the only consideration in this case or any case, the underlying actions of the criminals. This victim was found, you know, bound and without clothing from the waist down in the water. And we just think that there’s a good possibility. We hope that there’s evidence that remains to be tested.”
Ogg said if lab results show that sexual assault happened, they would become eligible for the death penalty.
Prosecutors said he had an ankle monitor on when ICE arrested him but it is unknown if it was cut off.
When Ogg was asked about the ankle monitor, she stated, “You know, I can’t speak to the ankle monitor that this fellow that you know, that Franklin Peña was wearing. 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.”
Jocelyn Nungaray to be laid to rest Thursday in north Houston, public invited to attend service
Martínez Rangel is expected to appear in court on Tuesday.
MORE: ‘Forever 12′: Family holds candlelight vigil honoring Jocelyn Nungaray Friday evening
RELATED LINKS:
‘Like a bad dream’: Police say 12-year-old found dead in N. Houston creek was strangled, seek 2 persons of interest
New clues in the case of 12-year-old girl found dead in north Houston creek
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