The bizarre Texas legal loophole that could allow the alleged killers of Jocelyn Nungaray to escape the death penalty after the illegal immigrants ‘raped and strangled’ her under a bridge

A bizarre legal loophole in Texas could mean that the alleged killers of Jocelyn Nungaray could avoid the death penalty if convicted.

Johan Jose Rangel Martinez, 21, and Franklin Jose Pena Ramos, 26, are accused of brutally murdering the 12-year-old and dumping her body in a creek.

Police said they lured the underage girl under a bridge and sexually abused her for two hours before strangling her to death.

But it has now emerged that if convicted, the defendant could escape the execution chamber because of his age.

Under Texas law, the death penalty is automatically applicable to convicted murderers only if the victim is younger than ten years old.

At a hearing on Tuesday where Martinez-Rangel’s bail was set at $10 million, Harris County District Attorney Kim Ogg told the New York Post that her office had not ruled out the death penalty.

“Our laws treat the age of victims differently and have changed the limit. Previously, children under the age of six were considered victims,” ​​she said.

Nungaray’s battered body was recovered from a creek near her Houston home on June 17 after she sneaked out after her bedtime.

Although prosecutors and police believe that the young girl was raped, no charges of sexual assault have been brought against the alleged perpetrators and the results of the victim’s investigation committee are still pending.

“The evidence clearly indicates that this was probably a sexual assault. However, since none of the defendants admitted this, there must be circumstantial evidence to support this,” Ogg said.

For sex crimes charges, prosecutors can seek the death penalty.

“The indictment is just the beginning. The case is still young and the investigation continues every day. As we gather more evidence, the charges could change,” Assistant District Attorney Megan Long told the judge.

Her comments followed a dramatic court appearance in which Nungaray’s grieving family learned in agonising detail of her final moments.

A relative shouted “murderer” at Rangel-Martinez, who has two children, ages 5 and 2, Click2 Houston reported.

She said in Spanish, “I hope they kill your children,” as the handcuffed suspect left the Harris County courtroom.

During the trial, prosecutors said Martinez-Rangel had bite and scratch marks on his arm and shaved his beard after the murder to avoid detection.

Assistant District Attorney Megan Long and the lead prosecutor said in court that Pena Ramos told police officers he allegedly tried to persuade Rangel Martinez to stop, but Rangel Martinez refused, climbed on top of Jocelyn and strangled her.

She also said that Rangel Martinez allegedly told his accomplice that he had to “finish what he started” while covering the young girl’s mouth.

Rangel Martinez admitted to tying up Jocelyn and dumping her body in the bayou, but claimed he did not kill her, the New York Post reported.

On Monday, Peña Ramos, who is also accused of murdering the 12-year-old, claimed he only kissed Jocelyn and denied any wrongdoing.

Both men are Venezuelan migrants who entered the United States illegally across the southern border.

Just two days after Nungaray’s body was found, police say Ramos cut off an ankle bracelet that had been placed on him when he illegally crossed the border near El Paso on May 28.

The discarded ankle bracelet was found last Wednesday, NewsNation reported.

He is also said to have asked his employer at a construction site for additional money so that he could leave the city.

But instead, the chief contacted police and Ramos was arrested, the Houston Chronicle reported.

In court on Monday, Judge Josh Hill set bail for Ramos at $10 million – double the amount recommended by prosecutors and ten times the amount requested by the defense.