Jocelyn Nungaray murder: ‘Evidence is clear that a sexual assault likely happened,’ prosecutor says

The Texas district attorney whose office is prosecuting the murder of 12-year-old Jocelyn Nungaray in Houston tells Fox News that "the evidence is clear that a sexual assault likely happened." 

Harris County District Attorney Kim Ogg made the admission Tuesday on ‘America’s Newsroom’ as one of the illegal immigrant suspects in the case, 22-year-old Johan Jose Martinez-Rangel, is set to appear in court this morning. His co-defendant Franklin Jose Peña Ramos, 26, had his bail set at $10 million on Monday. 

"The evidence is clear that a sexual assault likely happened. But since neither defendant has actually admitted that, circumstantial evidence will have to prove it," Ogg said. "We are waiting on lab tests now to see if the capital murder charge can be upgraded to one where they are death penalty eligible." 

Peña Ramos has admitted to kissing Nungaray and has told prosecutors that Martinez-Rangel was even more physically aggressive, according to Fox News Correspondent Nate Foy. 

ILLEGAL IMMIGRANT SUSPECT ACCUSED OF KILLING JOCELYN NUNGARAY WORE ICE ANKLE MONITOR 

"The case is horrific. Jocelyn’s last moments were unspeakable," Ogg told ‘America’s Newsroom’. "She endured assault for multiple hours. This was a little girl who slipped out of her house to call her boyfriend, a 13-year-old, was seen by two immigrants who had been drinking all afternoon, they picked her up probably asking for directions and she was innocent. She walked off with them. We see footage from local stores that show they lured her under a bridge near a Houston bayou where they attacked her, strangled her and dragged her body into the water." 

Ogg said Tuesday that the suspects were captured in a "tale of good citizenship and fear." They both entered the country illegally before being released from custody and later allegedly committing the murder. 

"There were witnesses who were close to the two who saw the newscasts, contacted a friend to contact the police because they were themselves in fear of danger. Additionally, these defendants asked their boss for money, put together a story that didn’t quite make sense but they were headed out of town and presumably out of the country," Ogg said.  

JOCELYN NUNGARAY MURDER SUSPECT HAS BAIL SET AT $10 MILLION 

"This flight risk made them eligible for a big bond. In Harris County we haven’t seen our judiciary come through with bonds like this so we were appreciative of the $10 million dollars that we believe will at least keep the one in custody – we will know about the other one this morning," she added. 

Ogg described the city of Houston, Texas as a "huge international hub" that draws in people from all over the country. 

"Unfortunately, we see a great deal of violence committed by illegal immigrants and we see as many victimized by other illegals and regular people here. It’s an enormous problem. This was bound to happen," she told Fox News. "It’s one of those things that as an elected prosecutor, you are just waiting for other shoe to drop. I’m just sick and sickened this little girl was the innocent victim of these two monsters."