HOUSTON — Outgoing Harris County District Attorney Kim Ogg has announced that her office will seek the death penalty for two men accused of kidnapping, sexually assaulting, and murdering 12-year-old Jocelyn Nungaray in June 2024.
While the decision to pursue capital punishment has been widely supported due to the heinous nature of the crime, some remain skeptical about politically progressive Ogg’s motivations, particularly as she nears the end of her second and final term in office.
The suspects, 26-year-old Franklin Peña and 22-year-old Johan Martinez Rangel, are both Venezuelan nationals who were illegally present in the United States. They were indicted on capital murder charges after Nungaray’s body was discovered under a bridge in Houston, where she had been strangled.

Coincidentally, illegal immigration and transnational gang violence in the Houston area and throughout the U.S. was one of the top issues motivating voters in the recent election cycle.
The DA’s office filed an official notice with the court, signaling their intention to pursue the death penalty.
Ogg emphasized the strength of the evidence and the brutality of the crime, stating, “Jocelyn’s murder was as vile, brutal, and senseless as any case in my tenure as district attorney.”
She also pointed out that the suspects had entered the country illegally, an issue that has fueled national debates about immigration policy. Ogg suggested that had the men been detained at the border, Nungaray’s murder could have been prevented.
While the decision to seek the death penalty is fitting given the nature of the crime, questions remain about Ogg’s true motivations.
With only two weeks left in office, the timing of her announcement raises suspicions that this could be a final act of political posturing or grandstanding. Ogg has long been a progressive voice in Houston’s criminal justice system, and her aggressive push for capital punishment in this case may be seen as a strategic move to solidify her legacy—or as a last-ditch attempt to secure favor with conservative voters before she exits the office.
Ogg’s decision follows the high-profile case of Nungaray, whose mother, Alexis Nungaray, has become a vocal advocate for stricter border security.

The mother has aligned herself with Republican figures like President-elect Donald Trump and Senator Ted Cruz, drawing further attention to the immigration angle of the case.
The timing of Ogg’s announcement, coming just as she prepares to leave office, has drawn comparisons to political grandstanding, a tactic often used by politicians to rally support or gain favor before stepping down.
As Ogg transitions out of her role and hands the reins over to newly-elected District Attorney Sean Teare, questions remain as to whether this decision is a genuine expression of justice, or if it’s merely an attempt to leave a lasting mark on the public before her departure.
Though the death penalty remains a valid option for punishing the most horrific crimes, the motivations behind Ogg’s push may not be as clear-cut as her public statements suggest. As the case progresses, it’s crucial that the focus remains on delivering justice for Jocelyn Nungaray, rather than allowing political calculations to overshadow the gravity of the crime.
