Jocelyn Nungaray, 12, was raped on night of murder, Houston authorities confirm, making the two illegal immigrants charged in her death eligible for the death penalty

A 12-year-old Texas girl was raped and then murdered by two illegal immigrants, police said.

Jocelyn Nungaray suffered a sex attack last month before her murder, the Houston medical examiner confirmed two weeks after her killing.

Houston prosecutors are awaiting forensic evidence of sexual abuse because a second crime on top of the murder would make the two Venezuelan men accused of killing her eligible for the death penalty.

Johan Jose Rangel Martinez, 21, and Franklin Pena, 26, are charged with murder in Nungaray’s death.

They accused her of luring the girl under a bridge where they stayed with her for two hours before the men came out alone.

Her body was found the next morning, having been strangled, bound, and thrown into a bayou. She was naked from the waist down.

The men encountered Jocelyn, who had sneaked out of her home on June 16, as she walked to a 7-11 around 10 p.m. on June 16.

The men walked her to the store and later under the bridge. Investigators have yet to say which of the men they believe raped Nungaray before her death.

Although the men were charged with murder — which would normally make a suspect eligible for the death penalty in Texas — that did not happen in this case.

In the Lone Star State, a murder charge usually means that someone killed someone else while committing a second crime.

Several years ago, Texas expanded the penalty for “premeditated murder” to include the murder of a child between the ages of 10 and 15, even if no other crime has been committed.

To get the law passed, lawmakers removed the death penalty component for 10-15 year olds.

For murder victims in that age group, a suspect must be charged with a second crime to be eligible for lethal injection.

Franklin Jose Pena Ramos, 26, one of two men accused of killing 12-year-old Jocelyn Nungaray, is led from the courtroom Monday. His bail was set at $10 million

Johan Jose Rangel-Martinez, 21, one of two men accused of killing 12-year-old Jocelyn Nungaray

In Jocelyn’s case, prosecutors initially had no evidence that a second crime had been committed against her.

They couldn’t even charge the suspects with kidnapping, as the girl was seen on surveillance footage preparing to leave with the two men.

As of last week, Houston District Attorney Kim Ogg said she was awaiting lab tests that would make Pena and Martinez eligible for the death penalty.

“Should these tests yield evidence that would support a charge of sexual assault, or should other evidence be brought forward that would support a charge of kidnapping, both the underlying crimes of capital murder and these individuals would be eligible for the death penalty,” Ogg explained in a press conference last week.

Johan Jose Rangel-Martinez, 21, one of two men accused of murdering 12-year-old Jocelyn Nungaray, is led out of the courtroom by deputies on Tuesday

Franklin Jose Pena Ramos, 26, one of two men accused of killing 12-year-old Jocelyn Nungaray, is led out of the courtroom Monday. His bail was set at $10 million

One of the suspects has blamed Martinez for the girl’s death.

Pena told authorities he asked Martinez to stop while he was under the bridge, it was revealed in court Monday morning. KTRK reported.

However, Martinez put his arm around Jocelyn’s neck and covered her mouth.

When she was dead, Martinez tied her up and told Pena to throw her into the bayou to remove all the DNA.

Both men are currently being held in jail on $10 million bail each.

First Lady of Texas Cecilia Abbott (center) stands with Lt. Gov. Dan Patrick as they address the other of Jocelyn Nungaryay during her funeral in Houston Thursday

Nungaryay’s great-aunt Julie looks at the girl’s coffin and says, “We will get them and they will get what they deserve,” about her lover’s killers

A third man who lived with the two suspects for a while was the one who betrayed them to the police.

The anonymous roommate claims he had only lived with the two men for a few days when he dined with the accused killers on June 16 at a restaurant called ‘Ojos Locos’ – ‘crazy eyes’ in Spanish, according to Fox 26.

Two days after the murder, as Houston police were conducting a full-fledged manhunt for Nungaray’s killers, the tipster was watching TV with Martinez and Peña when their photos flashed on the screen.

The roommate “tried not to respond” because he wasn’t even sure it was them.

Through a family member, the roommate contacted detectives, who were able to arrest him.

Last week, hundreds of people attended ‘Jocey’s funeral’ as she was laid to rest in Houston.

The body of Jocelyn Nungaray, a 12-year-old girl murdered in Houston, Texas, by two migrants from Venezuela, is carried to her final resting place on the day of her funeral

The costs of her funeral were paid by a local businessman, after the family indicated that they could not afford the costs themselves.

Jocelyn Nungaray’s mother, pictured center wearing sunglasses and looking at a young boy, did not speak during her daughter’s service

“Today is the last day I can physically see you and touch you one more time,” Julie choked back tears.

“We’ll see you again…I promise.”

The young girl was remembered by her nickname ‘Jocey-‘, who enjoyed reading fantasy books, especially Harry Potter.

Her hour-long funeral was public and attended by First Lady Cecilia Abbott of Texas and the state’s lieutenant governor.

They sat in the front row and knelt by the girl’s mother at the end of the service to offer her comfort.