HOUSTON — Two men charged with capital murder in the death of 12-year-old Jocelyn Nungaray, are being held on immigration detainers at the Harris County Jail, U.S. Immigration and Customs Enforcement said in a statement Friday.
According to ICE, Franklin Peña, 26, and Johan Jose Martinez-Rangel, 22, "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-Rangel 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.
Instead, they came to Houston and were living in an apartment not far from the north Houston creek where Jocelyn's body was found.
Warning: Some of the details of this are graphic
Peña and Martinez-Rangel were seen on surveillance videos with Jocelyn before she was found dead.
According to court documents, they lured Jocelyn under a 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.
The two men were scheduled to be in probable cause court Friday evening but they waived appearances. The case was still discussed in their absence. A judge did not set bond at the hearing, instead referring the issue of bail to a district court to be decided at a later date.
Both defendants are expected to appear in front of Judge Josh Hill in the 232nd District Court on Monday.
Houston Mayor John Whitmire has already weighed on the topic: "If there was ever a circumstance where you do not give bail, this is it."
Surveillance cameras help identify suspects
The arrests came a day after new surveillance photos obtained by KHOU 11 News showed Jocelyn with one of the persons of interest. 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, Houston Mayor John 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.
Acting Houston Police Chief Larry Satterwhite said the department worked around the clock to track down the killers and begin the process of finding justice for Jocelyn and her family.
"Their hard work paid off. We were able to find video and trace the movements of the suspects and Jocelyn, all the way to the bayou where she was murdered," Satterwhite said.
Investigators used surveillance cameras to track the movements of Martinez-Rangel and Peña 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.
Peña and Martinez-Rangel were arrested early Thursday morning at the Canfield Lakes apartments on Northborough Drive where they lived together.
Satterwhite said they still want to hear from possible witnesses as they work to build a solid case against Martinez and Peña.
'It could have been my child'
Neighbors at the complex said HPD showed up around 4 a.m. and used a loudspeaker to order the men to come out. When they didn't, officers approached the second-floor apartment with weapons drawn.
A neighbor said one of the guys tried to jump off the balcony to get away but HPD had the place surrounded and they quickly grabbed him.
Witnesses gave us images showing the suspects being questioned.
KHOU 11 cameras were at the complex when HPD forensic investigators removed boxes of evidence from the apartment.
One woman who lives in the complex with her 14-year-old daughter was shaken up by the fact the accused killers lived so close.
"It could have been my child, you know, it's very emotional," she told us.
The woman, who asked us not to use her name, said Peña and Martinez moved in a few weeks ago.
"What did y'all move to our complex for? What were you thinking about? This was a 12-year-old girl, these are grown men," she said.
Residents told us that Peña and Martinez often sat on their balcony and yelled things at women who passed by.
'We are going to be watching you'
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 members of the community and area businesses 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.
"I want to reach out to the court system, the justice system, we are going to be watching you," Whitmire said. "We have filed charges. If there is any circumstance where you deny bail, this is it."
'They took away my baby'
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.