Navajo Elder's Assailant Released From Prison Five Years After Her Disappearance

Five years to the day that Navajo elder Ella Mae Begay vanished from her home in Sweetwater, Arizona, the man who acknowledged beating and robbing her was released from federal prison on Monday. Preston Tolth pleaded guilty to robbing Begay and was sentenced on May 8 to five years in prison, but was freed after receiving credit for three years already served, plus additional time credits for good conduct and a federal statute allowing credit for time incarcerated on unrelated charges before sentencing.

Begay, a 62-year-old prolific weaver of Navajo rugs and grandmother of nine, disappeared on June 15, 2021, after her daughter reported a break-in at a nearby home. Officers arrived 90 minutes later but only "checked on" Begay's house without confirming her presence; she was declared missing nine hours later. Tolth, whose father was dating Begay's sister, was identified by the family and confessed to FBI investigators that he had stolen her truck with her inside, repeatedly punched her in the face, and left her on the roadside—acknowledging he may have struck her hard enough to kill her. However, a federal judge ruled the confession inadmissible, finding the FBI failed to honor Tolth's right to refuse questioning. Federal prosecutors subsequently pursued a plea agreement rather than trial.

Begay's family expressed shock and betrayal at Tolth's early release, which they did not anticipate until at least 2028. Her eldest son, Gerald Begay, learned of the release while at a construction site on the grim anniversary of his mother's still-unsolved disappearance. "This is just another slap in the face," he said. The case has drawn national attention as emblematic of the broader crisis of violence against Indigenous people.

The Federal Bureau of Prisons defended the release, stating that Tolth's sentence was "calculated in full accordance with federal sentencing law and Bureau of Prisons policy." A spokesperson noted that Tolth received credit for good conduct while incarcerated and that time served after commission of a crime but before sentencing on unrelated charges also counted toward his release. According to court records, Tolth faced multiple state charges between the June 2021 robbery and his April 2023 arrest, but those charges were ultimately dismissed.

Mark Osler, a sentencing expert at the University of St. Thomas, explained that the Federal Bureau of Prisons routinely shortens sentences to reduce overcrowding and recidivism. However, he noted that the bureau has no obligation to notify victims and their families of releases. "What's unfortunate here is the lack of communication," Osler said. "These are people that have been hurt and society owes more to them." Court documents noted that Tolth had an unstable childhood marked by homelessness, early substance abuse, and parental neglect, and he had reportedly planned to seek mental health treatment upon release. He is required to spend six months in a halfway house as a condition of his supervised release.