HOUSTON, Texas — The two Venezuelan migrants charged in the alleged capital murder of Jocelyn Nungaray, a 12-year-old Houston girl, will be held in the Harris County jail on bonds of $10 million each after appearing before a judge on Monday and Tuesday. The two men illegally crossed the border between ports of entry and were released by the Biden administration only to find their way to Houston.

Harris County District Attorney, a Democrat, referred to the “flawed immigration system” while talking to reporters after one of the bond hearings, Fox 26 Houston reported. “Our immigration system is broken and if there’s ever a case that reflects that it’s this one,” DA Ogg stated.

Johan Jose Martinez-Rangel, 22, and Franklin Pena, 26, are charged in the alleged murder of 12-year-old Jocelyn Nungaray. The pair were arrested by Houston Police Department investigators following a tip, Breitbart News reported. The arrest followed the discovery of the little girl’s lifeless body in a Houston-area bayou.

The two men are accused of walking Jocelyn from a convenience store near her home to a bridge on West Rankin Road on the city’s northeast side. Court documents allege that Martinez-Rangel then grabbed Jocelyn’s neck, got on top of her, and covered her mouth with his hands.

The two men are charged with Capital Murder in the case but are not yet facing the death penalty. District Attorney Ogg told reporters that could change if evidence of kidnapping or sexual assault are developed.

“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 told Fox News’ America’s Newsroom hosts. “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.”

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Peña Ramos reportedly admitted to kissing the little girl. He reportedly told investigators that Martinez-Rangel became “even more aggressive,” according to Fox News’ Nate Foy.

“The case is horrific. Jocelyn’s last moments were unspeakable,” Ogg continued. “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.”

A U.S. Immigration and Customs Enforcement official stated the agency placed an immigration detainer on both of the Venezuelan nationals.  The spokesman added:

Martinez and Pena both illegally entered the U.S. without inspection, parole or admission by a U.S. immigration officer on an unknown date and at an unknown location. On March 14, Martinez was apprehended by the U.S. Border Patrol near El Paso, Texas. That same day, Border Patrol released Martinez on an order of recognizance with a notice to appear. Pena was apprehended by the U.S. Border Patrol on May 28 near El Paso. He was also released by Border Patrol the same day he was apprehended on an order of recognizance with a notice to appear.

Bob Price is the Breitbart Texas-Border team’s associate editor and senior news contributor. He is an original member of the Breitbart Texas team. Price is a regular panelist on Fox 26 Houston’s What’s Your Point? Sunday morning talk show. He also serves as president of Blue Wonder Gun Care Products.