Prosecutors in Harris County, Texas, announced that they will seek the death penalty against two Venezuelan nationals accused of the June 16 killing of 12-year-old Jocelyn Nungaray in Houston. The two men, Johan Jose Martinez-Rangel and Franklin Jose Peña Ramos were charged with capital murder after allegedly kidnapping, sexually assaulting, and strangling the girl, leaving her body in shallow water under a bridge.
The case has drawn significant attention due to the defendants' immigration status as both men had entered the U.S. illegally earlier in the year, apprehended near El Paso by Border Patrol, and released pending immigration hearings.
Prosecutors and elected officials have highlighted the case as part of a broader critique of border policies under the Biden administration. In fact, the victim's mother, Alexis Nungaray campaigned for then candidate Donald Trump in late August, calling for better control of the border in the wake of her daughter's death during a political rally in Arizona.
Harris County District Attorney Kim Ogg described the crime as "vile, brutal, and senseless" and argued that stricter border enforcement could have prevented the incident:
"It [the crime] was made worse by knowing that these two men were here illegally and, had they been held after being captured at the border, they would never have had the opportunity to murder Jocelyn and destroy her family's future"
Nungaray's body was discovered on June 17, partially unclothed and showing signs of strangulation. Forensic evidence confirmed she had been sexually assaulted, making the case eligible for capital murder charges and the death penalty under Texas law. Formal notifications of intent to seek the death penalty have been filed with the court and defense attorneys.
This case is one of several in Texas involving violent crimes allegedly committed by individuals who entered the U.S. without legal documentation. Yet, as Ellizabeth Ricci, professor of Immigration Law at Florida State, told The Latin Times, the reasons behind the decision to pursue such a harsh penalty are open for debate:
"The prosecution is likely trying to send a 'tough on immigrant criminals' message. However, according to the National Institute of Justice's analysis of Texas arrest records, undocumented immigrants are arrested at less than half the rate of US citizens for violent crimes in the Lone Star State. This begs the question of whether the death penalty is sought with the same zeal for immigrant defendants as those who are US-born"
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