HOUSTON — One of the men charged in the death of 12-year-old Jocelyn Nungaray appeared before a Houston judge Monday morning.
Franklin Jose Peña Ramos, 26, is charged with capital murder in Jocelyn's death.
Jocelyn's mother and several other family members were in the courtroom when Judge Josh Hill set Peña's bond at $10 million, citing allegations that he was looking for money to leave town.
"He was talking to his boss, who works in construction, and asking for money, because of what they did, to get out of town," Assistant District Attorney Megan Long said.
Johan Jose Martinez-Rangel, 22, is also charged with capital murder in the case. He is scheduled to make his first court appearance Tuesday.
Houston Mayor John Whitmire has already weighed in on the topic of bonds.
"I want to reach out to the court system, the justice system, we are going to be watching you," Whitmire said after the arrests were announced. "We have filed charges. If there is any circumstance where you deny bail, this is it."
At a news conference, District Attorney Kim Ogg said Peña and Martinez-Rangel aren't eligible for the death penalty under Texas law but that could change if the evidence shows that Jocelyn was kidnapped or raped.
"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 was asked about reports that Peña was wearing an ankle monitor when he was arrested.
"I can't speak to ICE putting ankle monitors on folks and releasing them. Our immigration system is broken and if there was ever a case that reflected that, it's this one."
ICE earlier clarified that Peña and Martinez have never been in their custody. Both men were originally detained by U.S. Border Patrol agents in El Paso after they entered the U.S. illegally -- Martinez-Rangel in March and Peña in May. Both were released on an order of recognizance with a notice to appear at a later date.
'Very special little girl'
Jocelyn's mother, Alexis Nungaray, also spoke at the news conference. She thanked the community for the outpouring of support and said she's trying to focus on the positive memories of Jocelyn.
"Her dorkiness, her quirkiness. She definitely made people laugh," Alexis said. "She had such a bright future ahead of her and I knew she was going to go very far. And, you know, these, these monsters took that opportunity from her, from our family."
Alexis can’t stop thinking about the daughter she fought to keep as a 15-year-old teen mother
“I still see her face in the back of my head every day, all day," she said through tears. “She was a very special little girl that deserves her justice.
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.