In brief
A federal judge in Phoenix rejected a plea agreement that would have allowed Preston Henry Tolth, accused of assaulting and carjacking Navajo elder Ella Mae Begay, to serve three years for time served instead of going to trial. Begay's disappearance has raised awareness about the crisis of missing Indigenous people. Family members expressed their desire for justice, pushing for accountability through a trial rather than a plea deal seen as insufficient.
PHOENIX (AP) — A federal judge in Phoenix has rejected a plea agreement that would have allowed a man, Preston Henry Tolth, who confessed to beating a Navajo elder, to evade further prison time. Tolth, now 26, will proceed to trial on charges related to the 2021 disappearance of Ella Mae Begay, although a trial date has yet to be scheduled.
Under the proposed plea deal, Tolth would have been sentenced to three years, having already served time, for pleading guilty to a single count of robbery. Ella Mae Begay, known for her artistry as a weaver of pictorial rugs, vanished from Sweetwater, Arizona, at the age of 62.
Her case garnered national attention, shining a light on the alarming rates at which Indigenous people go missing or are murdered, a crisis that continues to be a pressing issue. Over four years later, Begay remains missing.
Begay’s family testified in court, passionately arguing against the plea agreement, stating that Tolth should not be allowed leniency without revealing Begay’s whereabouts. Seraphine Warren, Begay’s niece, described her aunt as warm and loving, imploring the judge not to give up on finding justice for her family. “Accountability is not time served,” Warren asserted. “It’s about truth, and we still don’t have the truth.”
Gerald Begay, Ella Mae’s son, expressed his disappointment, feeling let down by the justice system. Tolth, initially a person of interest in the days following Begay's disappearance, confessed to taking her truck while she was still inside, physically assaulting her, and abandoning her on the roadside. Nevertheless, a federal judge previously ruled his confession inadmissible, saying it was coerced.
Tolth’s trial was anticipated for 2024. However, the judge's recent decision to invalidate his confession poses a significant hurdle for prosecutors. Despite this, family members of Begay remain resolute in seeking a trial. “We have nothing to lose,” Warren stated. “If we lose, at least we fought.”
While prosecutors acknowledge that the suppression of Tolth’s confession has weakened their case, the plea agreement would have provided Begay’s family a form of closure. In lieu of the agreement, Begay’s family continues to seek the truth about her disappearance and the accountability they feel they deserve.
