PHOENIX (AP) — A federal judge in Phoenix has rejected a plea agreement that would have allowed a man who admitted to beating a Navajo elder and leaving her for dead to receive a minimal prison sentence.
Preston Henry Tolth, 26, is now set to face trial on carjacking and assault charges linked to the 2021 disappearance of Ella Mae Begay. A trial date for Tolth has yet to be determined.
Under the rejected agreement, Tolth would have been sentenced to three years for his guilty plea to a robbery charge. Ella Mae Begay, known for her stunning pictorial rugs, was 62 years old when she disappeared from Sweetwater, Arizona, a small community within the Navajo Nation.
Begay's case has garnered significant national media attention, shedding light on the alarming crisis of missing and murdered Indigenous people. Nearly five years since her disappearance, Begay remains unfound.
During the court proceedings, family members expressed their anguish, arguing that Tolth should not be allowed to walk free without revealing the truth about Begay's whereabouts. We want the truth, and we feel we won’t get it if he gets away with a plea bargain, said Seraphine Warren, a relative of Begay.
Warren described her aunt as nurturing, always opting for hugs over handshakes, and tearfully pleaded with the judge to ensure justice is served for the family.
Accountability is not time served, Warren said. It’s about truth, and we still don’t have the truth.
Begay's son, Gerald, expressed his frustration over the judicial system: I feel like the justice system has failed me.
Tolth, who became a person of interest shortly after Begay's disappearance, initially denied involvement, but later confessed to assaulting and leaving her on the roadside after he stole her truck.
Despite his confession, a judge ruled it inadmissible, stating that Tolth was unlawfully coerced during interrogation. This ruling has presented significant challenges for prosecutors in building their case.
While Tolth’s defense team pointed to his troubled past of homelessness and substance abuse, many, including Begay’s family, believe pursuing a trial is essential. We want to see this go to trial because we have nothing to lose. If we lose, at least we fought, Warren asserted.
