District Attorney Kim Ogg for Harris County, Texas, said Monday that the suspects involved in the killing of Jocelyn Nungaray, 12, could receive the death penalty if enough evidence is found in this investigation.

Ogg, who lost her primary race for reelection in March, said one of the suspects in Nungaray’s death, Franklin Jose Pena Ramos, was arraigned and had his bond set at $10 million. While Ramos’s charge is not currently eligible for the death penalty, the investigation into Nungaray’s death is ongoing. Additional evidence supporting charges of sexual assault or kidnapping could make both Ramos and fellow suspect Johan Jose Rangel Martinez “death penalty eligible.”