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Illegal Aliens, Charged with Jocelyn Nungaray’s Murder, Not Yet Eligible for Death Penalty

Two illegal immigrants charged with killing 12-year-old Jocelyn Nangaray in Houston, Texas, in June are not yet eligible to receive the death penalty, the Harris County District Attorney’s Office has announced.

As Breitbart News reported, illegal Venezuelan immigrants Johan Jose Martinez Rangel, 22, and Franklin Peña, 26, both of whom were released into the United States from the southern border, were arrested and charged with murdering Jocelyn Nungaray in the early morning hours of June 17.

Harris County District Attorney Kim Ogg (Democrat) release The article, which gave gory details of Jocelyn’s murder, described how the girl’s body was found in a stream near a bridge, naked from the waist down, with her hands and feet bound, and with cuts all over her back.

The autopsy report listed Jocelyn’s cause of death as strangulation.

According to the Harris County District Attorney’s Office, Martinez-Rangel and Peña lured Jocelyn to a bridge near where her body was found, after which Martinez-Rangel grabbed her by the neck, jumped on top of her and put his hand over her mouth to prevent her from screaming for help.

The two illegal immigrants suspected of killing Jocelyn tried to flee town and disguise themselves to avoid prosecution in Houston.

Ogg said despite the brutality of the crime, Martinez-Rangel and Peña do not yet qualify for the death penalty, given Jocelyn’s age. If they test positive for sexual assault, they could be charged with raping Jocelyn.

“We are hopeful that there is evidence that has yet to be verified,” Ogg told local media.

According to Immigration and Customs Enforcement (ICE) officials, Border Patrol agents arrested Martinez-Rangel at the border near El Paso, Texas, on March 14. The same day, he was released onto U.S. soil on bail with a Notice to Appear at a Later Date (NTA) before a federal immigration judge.

Border Patrol agents arrested Peña near El Paso on May 28 and released him on U.S. soil the same day under a Homeland Security Agency bail order, just 20 days before he allegedly helped kill Jocelyn.

On the night of June 16, Jocelyn snuck out of her apartment after her mother went to bed. Jocelyn’s boyfriend was reportedly the last person to speak with the girl. Shortly after midnight, Jocelyn was seen on surveillance video at the 7-Eleven with Martinez-Rangel and Peña.

Police say Jocelyn, Martinez-Rangel and Pena left the 7-Eleven and made their way to a nearby bridge. Police allege that Martinez-Rangel and Pena strangled Jocelyn to death and dumped her body in a creek near the bridge sometime between 1:00 and 2:00 a.m. Jocelyn’s body was found in the creek later that same day.

Martinez Rangel and Peña remain incarcerated in the Harris County Jail. Peña’s bail was set at $10 million on Monday. Martinez Rangel’s bail is expected to be set later in June. ICE officials have issued detention orders for both illegal immigrants, requesting that they be held with the possibility of being released at any time.

John Binder is a reporter for Breitbart News. Email him at jbinder@breitbart.com. Follow him on Twitter. here.

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