PHOENIX (AP) — A man charged in the disappearance of a Navajo grandmother whose case has highlighted the crisis of violence against Native Americans pleaded guilty Thursday to robbery as part of a second agreement reached with prosecutors.
Preston Henry Tolth, 26, could be sentenced to a maximum of five years in federal prison, with credit for three years already served, under the conditions of the proposed agreement.
U.S. District Judge Douglas Rayes asked Tolth during a hearing in Phoenix if he was entering the plea because he was, in fact, guilty.
“Yes, your honor,” Tolth said.
Ella Mae Begay was 62 when she vanished in 2021 from Sweetwater, Arizona, a community in the northern part of the Navajo Nation where she spent her days visiting with relatives and weaving rugs that she sold to nearby trading posts.
In 2022, Begay's niece Seraphine Warren walked from the Navajo Nation to Washington, D.C., to raise awareness about her aunt's disappearance and the high rate of homicides and missing persons cases in Indian Country. Begay's case has drawn national media attention and provided fuel for tribal leaders and victim advocates as they push for more law enforcement resources and cooperation between tribal and federal investigators.
Navajo Nation police identified Tolth, whose father was dating Begay's sister, as a suspect within days of her disappearance.
Under the conditions of the agreement, Tolth acknowledged using force to take Ella Mae Begay’s pickup truck, striking her in the face several times and leaving her on the side of the road before driving away and eventually selling the truck for money and methamphetamine.
Rayes is scheduled in May to review the latest plea agreement, which also protects Tolth from future murder or manslaughter charges in relation to Begay's case.
Members of Begay’s family say prosecutors negotiated the agreement against their wishes and without their input.
Begay’s son, Gerald Begay, took a break from his construction job in Denver to listen to Thursday’s hearing by phone. He told The Associated Press that he plans to attend the next court hearing and ask the judge to reject the plea agreement in hopes that Tolth can be put on trial.
“The prosecutors aren’t thinking about our rights or what we need as a family,” he said.
In an emailed statement, Lennea Montandon, a spokesperson with the U.S. Attorney’s Office for the district of Arizona, said the office has complied with federal victims' rights law while prosecuting Tolth and will continue to do so. Tolth's public defender declined to comment on the new agreement.
In a 2021 FBI interrogation, Tolth confessed to attacking Begay in a fit of anger and leaving her for dead. But Rayes dealt prosecutors a major blow by ruling that confession inadmissible in court, saying the FBI agent had unlawfully coerced Tolth into waiving his right to remain silent. In court filings, prosecutors acknowledged that weakened the government’s case significantly.
At a hearing earlier this month, Rayes rejected an earlier agreement that would have released Tolth from federal custody on a sentence of three years of time served in exchange for a guilty plea. The judge's rare move came after Begay's grieving family members testified that Tolth should not walk free without leading investigators to her remains.
“Accountability is not time served,” Begay's niece Seraphine Warren had told the judge. “It’s about truth, and we still don’t have the truth.”
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Peters reported from Edgewood, New Mexico.
