Joe Yates
Warning: This article contains discussion of sexual assault which some readers may find distressing.
The men accused of killing a 12-year-old girl could avoid the death penalty due to a 'weird' loophole.
The body of Jocelyn Nungaray, of Houston, Texas, was found in a shallow creek in the early hours of last Monday morning (17 June).
The discovery came after it emerged the schoolgirl snook out of her family home on the night before.
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Two men, 21-year-old Johan Jose Rangel Martinez, and 26-year-old Franklin Jose Pena Ramos have since been arrested and face capital charges of murder, while a $10million bond has been placed on them.
CCTV footage shows Jocelyn meeting the two men before walking with them to a convenience store, police have confirmed.
The trio then walked to a bridge, and while under the bridge prosecutors claimed Jocelyn was assaulted for two hours but managed to fight back, leaving bite and scratch marks on one of the two men accused of killing her.
Jocelyn is believed to have been murdered after being strangled under the bridge, while investigators are also waiting on results of an exam to determine if sexual assault took place.
In spite of the heinous crimes the pair have been accused of, they could avoid the death penalty due to an unusual loophole.
Pena Ramos and Rangel could escape a lethal injection due to Jocelyn's age, with her being 12, because Texas law dictates that the death penalty is only automatically applicable for convicted killers if the victim is aged under ten.
But that doesn't mean they will escape it, they just won't 'automatically' be sentenced to death if found guilty.
According to Houston Public Media, Prosecuting Attorney Megan Long has said that Pena Ramos has turned on his partner in crime, telling investigators it was Rangel who tied up Nungaray and allegedly sexually assaulted and strangled her.
Meanwhile, she also mentioned that Pena Ramos has claimed Rangel told him to throw Jocelyn into the water to get rid of any DNA.
At present, it is not known whether Jocelyn knew the two men, who were roommates.
Police previously confirmed that they wanted to speak to the two men in connection with the case, writing: "UPDATE: Our homicide detectives want to speak with these two male persons of interest regarding the death of a 12-year-old female at 400 West Rankin Rd."
Mayor John Whitmire also revealed that Jocelyn had made a phone call to her boyfriend, who is 13, before she died.
In a press conference, Whitmore said that the 12-year-old was last seen by her mom at around 10pm on Sunday when she was putting everyone to bed.
This means that Jocelyn probably snuck out of the house between 10pm and 12am.
If you've been affected by any of the issues in this article, you can contact The National Sexual Assault Hotline on 800.656.HOPE (4673), available 24/7. Or you can chat online via online.rainn.org