EDGEWOOD, N.M. -- Five years to the day that Navajo elder Ella Mae Begay disappeared from her home in a remote corner of Arizona, the man who acknowledged beating her, stealing her truck and leaving her on the roadside has been released from federal prison.
Preston Tolth pleaded guilty to robbing Begay and was sentenced on May 8 to five years in prison with credit for three years already served. He was released Monday, according to the Federal Bureau of Prisons. The release came as Begay's relatives were marking the somber anniversary of her still-unsolved disappearance.
Background
Begay, a prolific weaver of Navajo-style rugs and grandmother of nine, was 62 when she vanished from Sweetwater on the Navajo Nation on June 15, 2021. Family and community members conducted searches for her, pressured law enforcement for action and drew national media attention to a case that advocates say symbolizes the crisis of violence against Indigenous people.
According to the Navajo Nation Department of Criminal Investigations, Begay's daughter who lived next door called 911 on the morning of June 15, 2021, to report a break-in at her own home. By the time officers arrived 90 minutes later, Begay told them an intruder had left and that she had just seen her mother's truck leave the driveway before sunrise.
Officers "checked on" Begay's house but noted only that doors were locked without confirming if she was home. Nine hours later, she was declared missing and tribal police began investigating.
The Investigation
Begay's family pointed investigators to Tolth, whose father was dating Begay's sister. Investigators interrogated him twice, and Tolth admitted stealing Begay's truck with her inside, repeatedly punching her in the face and leaving her on the road. He acknowledged he may have struck her hard enough to kill her.
However, a federal judge later ruled that confession inadmissible, finding that the FBI failed to honor Tolth's right to refuse questioning. With the key evidence suppressed, federal prosecutors opted to negotiate a plea agreement rather than proceed to trial.
Court documents outlined an unstable childhood for Tolth marked by homelessness, early substance abuse and parental neglect. A sentencing memo noted he planned to seek mental health treatment upon release.
Scott Taylor, a spokesperson for the Federal Bureau of Prisons, said Tolth received credit for good conduct while incarcerated and under a statute that counts time served after the commission of a crime but before sentencing, including on unrelated charges. "The release was calculated in full accordance with federal sentencing law and Bureau of Prisons policy," Taylor said.
According to New Mexico court records, Tolth was incarcerated while facing multiple state charges between the time he robbed Begay on June 15, 2021, and his April 2023 arrest. Those separate charges ultimately were dismissed.
Key Takeaways
- Ella Mae Begay has never been found despite extensive searches since her disappearance five years ago
- Preston Tolth admitted to stealing her truck with her inside, beating her and leaving her on the roadside
- His confession was ruled inadmissible because FBI agents failed to honor his right to refuse questioning
- Federal prosecutors negotiated a plea deal rather than proceed to trial without the suppressed confession
- He is required to spend six months in a residential reentry center and will be supervised for three years after release
What's Next
Tolth remains subject to supervised release conditions for three years. The investigation into Begay's disappearance continues, though no further leads have emerged regarding her whereabouts. Mary Kathryn Nagle, a Cherokee Nation citizen and attorney who has advocated for the family, said cases like Begay's represent widespread failures in investigating violence against Indigenous people.
"Most never have their case investigated at all," Nagle said. "It's troubling to see (Begay's) case, even after making it this far, end in a miscarriage of justice."
The eldest of Begay's three children, Gerald Begay, learned of Tolth's release while reflecting on his mother's disappearance anniversary. "This is just another slap in the face," he said.
On Monday, Begay's niece Seraphine Warren walked over 100 miles from Sweetwater to the Navajo Nation capital of Window Rock, carrying one of her aunt's weavings to mark the anniversary. The news of Tolth's release devastated her after an emotional day.
"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.'"