12-year-old girl found in Houston creek had been sexually assaulted: forensic science center

HOUSTON -- Jocelyn Nungaray, the 12-year-old girl whose body was found in a creek in north Houston in June, was sexually assaulted, results from the Houston Forensic Science Center confirmed on Monday.

Sources told ABC Houston affiliate KTRK the district attorney's office received the results from HFSC on Sunday.

Johan Jose Martinez Rangel, 22, and Franklin Jose Pena Ramos, 26, are charged with capital murder in Nungaray's death. The girl was strangled.

Both men have been arrested, and, at last check, remain in jail on $10 million bond.

According to Texas law, because of Nungaray's age, both men were not eligible for the death penalty.

However, Harris County District Attorney Kim Ogg said last week that if sexual assault were found, that would make the case death penalty eligible, and the state would then be able to ask for no bond.

Investigators said they believe Nungaray snuck out of her home around 10 p.m. June 16.

According to court documents, the two suspects asked her for directions after encountering her.

Court documents allege that the men then lured Nungaray underneath a bridge, where they kept her for two hours. She was tied up, had her pants taken off, and was strangled, officials said.

A bystander found her body floating in a creek shortly before 7 a.m. on June 17.

The state added that Nungaray and the men were seen on video at about 12:57 a.m. on June 17 walking down by the bayou. At 3:04 a.m., only the two men emerged.

An autopsy confirmed her cause of death was strangulation.

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The state said it interviewed witnesses who told them they saw the men at a local bar hours before Nungaray's murder.

According to another witness, Pena confessed he and Martinez did something bad after partying and were looking for money to leave town.

Both men worked construction and allegedly asked their boss for the funds after explaining what happened, the lead prosecutor told KTRK.

It was also revealed in court on Monday that Pena told authorities he tried to tell Martinez to stop, but then Martinez allegedly put his arm around Nungaray's neck and covered her mouth.

After she died, Martinez allegedly tied her up and told Pena to put her body in the water to remove any DNA. Martinez also reportedly admitted to changing his beard to avoid attention and had a bite mark and scratches on his arm.

After days of investigation, authorities arrested the two men.

The suspects, who are Venezuelan nationals, were in the U.S. illegally, U.S. Immigration and Customs Enforcement, or ICE, said, adding that they didn't know when or where they entered the country.

According to the agency, the U.S. Border Patrol apprehended Martinez near El Paso on March 14, but he was released that same day on an order of recognizance with a notice to appear.

U.S. Border Patrol arrested Pena on May 28, also near El Paso. On the same day he was apprehended, a judge also ordered Pena to appear in court later.

Both suspects are placed under ICE holds. So even if they were able to post bond, they can't go anywhere.

RELATED: HPD believes 12-year-old girl may have snuck out of her home before being found dead in creek

The video in the player above is from an earlier report.