REVEALED: The bizarre Texas loophole that could see Jocelyn Nungaray's accused killers avoid the death penalty after the illegal migrants 'raped and strangled' her under a bridge

A bizarre Texas loophole could mean Jocelyn Nungaray's accused killers escape the death penalty if convicted.

Johan Jose Rangel Martinez, 21, and Franklin Jose Pena Ramos, 26, are accused of brutally murdering the 12-year-old and dumping her body in a creek.

Police said they lured the preteen under a bridge and sexually assaulted her for two hours before strangling her to death.

But it has now emerged that the accused may escape the execution chamber if found guilty, due to the victim's age.

Texas law dictates that the death penalty is only automatically applicable for convicted killers if the victim is aged under ten.

The alleged killers of Jocelyn Nungaray, 12, may escape the death penalty if convicted because she is over ten years old

At a hearing on Tuesday where Martinez-Rangel's bond was set at $10 million, Harris County District Attorney Kim Ogg told the New York Post her office has not ruled out the death penalty.

'Our laws treat the age of victims differently, and they've changed where they draw the line. It used to be children under six,' she said.

Nungaray's battered body was recovered from a creek near her Houston home on June 17 after she snuck out past her bedtime.

While prosecutors and police both believe the young girl was raped, the alleged assailants have not yet been charged with sexual assault and the results of the victim's rape kit are still pending. 

'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 said.

If charged with sex crimes, prosecutors will be able to seek the death penalty. 

Johan Jose Martinez-Rangel, one of the two men accused of killing 12-year-old Jocelyn Nungaray, is led from the courtroom by deputies on Tuesday, June 25, 2024 in Houston.

Franklin Pena Ramos, 26, is also accused of the killing. His bail was set for $10 million

'Charges are just the start, this case is still young and the investigation is continuing everyday and as we gather more evidence, the charges could change,' Assistant District Attorney Megan Long told the judge.

Her comments followed a dramatic court appearance where Nungaray's grief stricken family heard about her final moments in agonizing detail.

One relative shouted 'Murderer,' to Rangel-Martinez, who was reported to have two children of his own, aged five and two-years-old, Click2 Houston reported.

She said in Spanish:  'I hope they kill your children,' as the shackled suspect walked out of the Harris County courtroom.

During the court hearing, prosecutors said Martinez-Rangel had bite and scratch marks on his arm. He also had shaved his facial hair after the murder to avoid being discovered.

Assistant District Attorney Megan Long and lead prosecutor said in court that Pena Ramos told cops he reportedly tried to convince Rangel Martinez to stop, but he allegedly refused and climbed on top of Jocelyn and strangled her.

Alexis Nungaray, Jocelyn's mother, pictured center, with other heartsick family members during a news conference on Monday after one of the accused, Franklin Pena appeared in court Monday 

She also said that Rangel Martinez reportedly said to his accomplice that he had to 'finish what he started,' as he covered the young girl's mouth.

Rangel Martinez admitted to tying Jocelyn up, and tossing her body in the bayou, but claimed he did not kill her, The New York Post reported. 

On Monday, Peña Ramos, also accused of killing the 12-year-old, claimed he only kissed Jocelyn, and denied any wrongdoing.

Both men are Venezuelan migrants who entered the US illegally via the southern border. 

Just two days after Nungaray's body was found, police say Ramos cut off an ankle monitor he was fitted with when he crossed the border illegally at El Paso on May 28.

The grief-stricken mother called the two men who took her daughter from her 'monsters' 

The discarded ankle monitor was found last Wednesday NewsNation reported.

He also allegedly asked his employer at a construction site for extra cash so he could skip town.

But the boss instead contacted police, and Ramos was arrested, according to the Houston Chronicle.

In court on Monday, Judge Josh Hill set Ramos' bond at $10 million - double what prosecutors recommended and 10 times the amount sought by the defense.