Former Harris County District Attorney Kim Ogg is sharing evidence in the Jocelyn Nungaray case that hasn’t been made public until now.
The case that shook our nation
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Ogg was the district attorney when capital murder charges were filed against Johan Jose Martinez Rangel and Franklin Jose Pena Ramos in June 2024 for the murder and sexual assault of 12-year-old Jocelyn Nungaray.
The case immediately gained national attention as Rangel and Pena were discovered to be undocumented Venezuelan nationals with probable gang affiliations who were illegally present in the United States.
Ogg said her agency worked hard to evaluate evidence and seek the death punishment in the case.
“Authorities had no idea of their past behavior – if they had criminal charges in Venezuela or another country – that makes it hard to determine if someone is going to be a future danger,” she said.
However, she claims there was a lapse in the inquiry, and now Ogg is sharing with FOX 26 a vital piece of information that helped secure the death penalty option.
Suspect accused of raping an American woman while on her vacation
“What we learned over the course of the investigation was that one of the suspects, Pena, had been involved in a prior sexual assault,” said Ogg.
Ogg claims Pena attacked an American woman on vacation.
“It happened in Costa Rica. It happened to an American citizen who came forward with that information after their pictures were shown on national television,” she said.
Ogg continued, “When she reported it to the authorities in Costa Rica, they did nothing. Imagine the frustration of that individual. I don’t want that to be swept under the carpet.”
She claims that the woman is from out of state but felt obligated to come forward.
“The courage of any crime victim to come forward like that is remarkable to me and that played a major role in determining whether the death penalty is appropriate,” said Ogg.
Jocelyn’s mother, Alexis Nungaray, was stunned but not surprised by the news.
“I always felt in my heart that this was never their first time, especially Pena,” she said. “To just know that this happened to another woman, it hurts my heart. A piece of me shatters a little bit.”
Alexis is concerned about what the latest development would entail for the case, but she hopes it will raise awareness of the possible risk these individuals pose and encourage any victims to speak up.
“I pray that no other woman has had to look in his eyes while they have their vulnerability taken from them, but if there are any others, I pray that they have the courage and the strength to come forward and help shed light on an open case,” she said.
Why is this coming out now?
Ogg has known about this material since her office sought the death penalty, prompting FOX26 to question why she is now disclosing it.
“Because I am very concerned about the decisions my successor district attorney has been making,” she said, referencing multiple cases that have recently been dismissed.
“I think it’s important for the public to get the final say. Do they deserve death for the rape and murder of Jocelyn? Or should they spend their life in the penitentiary? What I don’t want is some backdoor deal done in the quiet of the night and a long time after people have forgotten the horror of this case. I just want people to remember Jocelyn and I want them to hear and make a decision about the evidence,” said Ogg.
Alexis emphasized the significance of Pena’s criminal record being known.
“I see this as a re-occurring re-offender scenario and, because he wasn’t held accountable for his actions when he did this to the other young woman – he should be held accountable for this young child whose life was taken,” said Alexis.