HOUSTON — After family and friends gathered for the funeral of 12-year-old Jocelyn Nungaray on Thursday, Lt. Gov. Dan Patrick said he will fight for change in laws involving capital murders.
A few days after the little girl's body was found in a north Houston creek, police arrested Franklin Peña, 26, and Jose Martinez-Rangel, 22, on capital murder charges.
Editor's note: The above video originally aired on June 24.
According to U.S. Immigration and Customs Enforcement, the Venezuelan nationals illegally entered the U.S. in El Paso weeks before Jocelyn was killed. Both remain jailed on $10 million bonds.
At a news conference, District Attorney Kim Ogg said Peña and Martinez-Rangel aren't eligible for the death penalty under Texas law. She said that would change if investigators determined that Jocelyn was kidnapped or sexually assaulted.
"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."
Ogg said the Texas Legislature passed a law that suspects charged with killing children aren't eligible for the death penalty unless there's a second felony offense or the child is under 10 years old.
Patrick, who oversees the Texas Senate, said Thursday he'll push for a change that would make anyone who kills a child under 15 eligible for the death penalty.
Patrick also said he'll introduce Jocelyn's law to allow Texans to vote to amend the state Constitution to automatically deny bail for all capital murder suspects.
Ogg said only capital murder defendants eligible for the death penalty can be held without bail.
Patrick attended Jocelyn's funeral and spoke briefly with her mother afterward.
How Houston police identified accused killers of 12-year-old girl
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-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.
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-Rangel were arrested early Thursday morning at the Canfield Lakes apartments on Northborough Drive where they lived together.
Surveillance cameras showed Jocelyn Nungaray with suspects
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-Rangel and Peña.
A GoFundMe.com account was set up on behalf of Jocelyn's family to help pay for funeral expenses.