In a remote area of Arizona, the mysterious disappearance of Navajo elder Ella Mae Begay, five years ago, remains unresolved. Meanwhile, the man who admitted to assaulting her and taking her vehicle is now back in society, having just completed a prison term.
Preston Tolth, who was convicted of robbing Begay, was initially sentenced to five years in prison on May 8, but due to time served and good behavior, he was released this past Monday, as per the Federal Bureau of Prisons.
Begay’s family, particularly her eldest son Gerald Begay, expressed disbelief at the news of Tolth’s early release. Gerald received the news during a somber moment, reflecting on the anniversary of his mother’s disappearance while working at a construction site.
“This is just another slap in the face,” Begay said.
Elder Ella Mae Begay, known for her Navajo-style weaving, was 62 when she vanished from her home in Sweetwater on the Navajo Nation. Her case has become emblematic of the broader issue of violence against Indigenous people, drawing national focus and community action.
Shortened Sentence
Federal Bureau of Prisons spokesperson Scott Taylor explained that Tolth’s release followed federal sentencing laws and Bureau policies, which include credits for good conduct and time served on unrelated charges.
New Mexico court records show that between the robbery in June 2021 and his arrest in April 2023, Tolth was facing other charges that were later dismissed. The U.S. Attorney’s Office in Arizona and Tolth’s public defender confirmed the release conditions but offered no further comments.
Sentencing expert Mark Osler from the University of St. Thomas noted that such sentence reductions are common to alleviate prison overcrowding. However, he emphasized the communication gap with victims’ families, stating, “What’s unfortunate here is the lack of communication. These are people that have been hurt and society owes more to them.”
An Elder Vanished
On June 15, 2021, Begay’s daughter reported a break-in at her home. When the Navajo Nation Department of Criminal Investigations arrived, she noted her mother’s truck had unexpectedly left the driveway before dawn.
Officers found Begay’s house locked but did not confirm her presence inside. Nine hours later, Begay was declared missing, sparking a tribal police investigation.
The family identified Tolth as a suspect due to his family ties. He confessed to stealing her truck with Begay inside, attacking her, and leaving her on the roadside. However, a federal judge ruled this confession inadmissible due to the FBI’s procedural errors, leading to a plea deal instead of a trial.
‘A Miscarriage of Justice’
Court documents highlight Tolth’s troubled past, including homelessness and substance abuse. He is to undergo mental health treatment and will live in a halfway house for six months, followed by three years of supervised release.
Mary Kathryn Nagle, a Cherokee Nation citizen and attorney, emphasized how rare it is for Indigenous cases to receive attention. She stated, “Most never have their case investigated at all,” and described the situation as “a miscarriage of justice.”
While Tolth suggested he tried to help authorities locate Begay, she remains missing. On the anniversary of her disappearance, her niece Seraphine Warren walked over 100 miles, carrying Begay’s weaving, to honor her memory. The news of Tolth’s release added further grief to the family.
“That date will haunt us forever,” Warren said through tears. “Now it’s not just the day my auntie went missing, it’s the day we were told, ‘You aren’t worth anything.'”
This story is published through the Global Indigenous Reporting Network at The Associated Press.
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