Jocelyn Nungaray case: Death penalty to be sought against murder suspects, DA says

HOUSTON - Prosecutors will seek the death penalty against the two Venezuelan nationals accused of murdering 12-year-old Jocelyn Nungaray in Houston, Harris County District Attorney Kim Ogg announced Friday.

According to her office, a notice is being filed with Judge Josh Hill’s 232nd District Court about the office's intention to seek the death penalty in the case against Franklin Pena and Johan Martinez-Rangel.

MORE: Jocelyn Nungaray murder suspects believed to be Venezuelan gang members, search warrant says

Notice will also be provided to the defendants and their attorneys, the office says.

The two men have been charged with capital murder after being accused of murdering and sexually assaulting Nungaray, then leaving her body under a bridge.

In an interview with Fox & Friends on Friday morning, Ogg said, ""They had been captured while committing a crime coming into this country illegally and then within days of murdering and raping Jocelyn Nungaray. So we are seeking death because we want the message out there that regardless of who you are, but especially if you are illegally in this country, that you will face the same consequences as anyone else for murdering a child during the course of raping and kidnapping her."

Jocelyn Nungaray

Ogg said she has spoken with Nungaray’s parents and that the family is supportive of the move.

"I think we don't make the victims choose. Our prosecutors determine what's most likely. But we feel that a Texas jury will sentence these two defendants based on the evidence we have to death," Ogg told Fox & Friends.

Both Pena and Rangel are in jail on $10 million bond each for the girl's death.

RELATED: Murder suspects entered U.S. illegally, ICE says

According to U.S. Immigration and Customs Enforcement, the two men entered the U.S. illegally. The agency says Martinez was detained by border patrol agents in El Paso on March 14 and released the same day. Similarly, Pena was apprehended and released on May 28.

Based on a search warrant, investigators believe the two men were members of the Tren de Aragua gang, also known as TdA.

Nungaray’s mother testified to Congress calling on lawmakers to secure the border and to pass the Justice for Jocelyn Act. The act would keep detained immigrants in custody while their cases are proceeding. The proposal is backed by Texas Republican Senator Ted Cruz.