Illegal migrant charged with murdering Jocelyn Nungaray, 12, was released into the US just weeks ago: Texas girl was found raped and strangled in creek

The two men charged with the murder of a 12-year-old Texas girl are migrants from Venezuela who were released under the 'alternatives to detention' program.

Franklin Jose Pena Ramos, 26, was fitted with a GPS ankle monitor by border patrol after he crossed at El Paso in Texas on May 28, but he had cut it off by the time the pair were arrested for killing Jocelyn Nungaray.

Johan Jose Rangel Martinez, 21, was also released after being intercepted by border agents on March 14, little more than three months before Jocelyn's body was found floating in a creek near her Houston home on Monday.

Ramos told border patrol he planned to live with his cousin in Houston, but the tracker was only set to monitor his movements for 21 days.

Both men were charged with capital murder on Thursday after and investigators are awaiting the result of tests to confirm whether she was raped as well as murdered.

Ramos was released into the country after telling officials he he feared for his life if he was sent back to his home country, sources told The Post.

His discarded ankle monitor was found on Wednesday NewsNation reported. 

More than 7.4 million migrants have been released under the alternatives to detention program after encounters with border patrol officers.

They are offered court appearance dates to decide their asylum requests sometimes years in the future.

But Ramos, who was discovered crossing the border among a large group of migrants, was reportedly given a notice to appear at a court in San Antonio on August 29.    

Police had issued images of two persons of interest seen with the pre teen hours before her death after she had snuck out of her home at around 10pm.

Officers said the suspects, who lived in the same block as the girl, bumped into Jocelyn and walked with her to a convenience store. 

She called her 13-year-old boyfriend from the convenience store at around midnight that night.

He reported hearing her talking to two adults, Houston Mayor John Whitmire announced at a news conference Tuesday.

Her body was found by passerby Billie Jackson shortly after 6am on Monday morning in a shallow creek. 

Speaking to ABC13, Jackson said: 'I drove past, and when I looked up the creek, I thought it was a mannequin. 

'I did a U-turn, and I stopped on the bridge, put my flashers on, looked down, and realized it was someone. I parked right here and called 911 immediately.'

Her grieving mother, Alexis Nungary, is now struggling to process what has happened.

'It's like it's not real,' she told Click2Houston. 'I keep hearing everything, and I hear it and it's not registering.'

She recalled telling her daughter on Sunday not to stay up too late, as she was joining her at work the next day. Those would be the last words she ever spoke to her daughter.

By 3am on Monday, Alexis said she noticed Jocelyn's cat was 'going crazy,' but assumed the cat was with her daughter, who always slept with her pet at night.

It wasn't until she woke up at 6am and started her normal routine to wake up her five-year-old son and Jocelyn that she noticed her daughter was missing. 

Alexis also said that she does not know why Jocelyn snuck out of the house, though she noted that she has struggled in recent months with her mental health.

'I don't know why, what possessed her to walk around late at night in this area out of all places,' Alexis said. 

'I always told her to never leave the house, never leave unattended, always be safe. 

'There's people around here that are crazy. I don't think she ever thought it would face her.' 

She and other family members have described the preteen as a loving and caring child.

Her uncle Joamel said: 'Jocy was a smart, loving, nurturing young lady, She brightened up the room every time she came by and was loved by everyone around.'

Alexis also described her as the 'greatest friend' who was 'very goofy. 'She had aspirations for life,' Alexis said. 'She loved everyone, was so kind.' 

Alexis said she suspects the two men either live in the apartment complex or may have walked to the store from a nearby state park.

'I want karma to hit them, I'm angry,' Alexis added. 'They took advantage of her.

'She's so young, she's 12. I want justice. I want whoever has seen them to please call police. They took my baby away.'