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A federal judge in Phoenix rejected a plea agreement for Preston Henry Tolth, who admitted to assaulting and abandoning 80-year-old Navajo elder Ella Mae Begay in 2021. The agreement would have resulted in three years of time served for a robbery charge. Tolth now faces trial on carjacking and assault charges, with Begay's location still unknown.
Substrate placeholder — needs reviewA federal judge in Phoenix rejected a plea agreement involving Preston Henry Tolth, 26, in connection with the 2021 disappearance of Navajo elder Ella Mae Begay, 80. Tolth had acknowledged beating Begay and leaving her on the side of a road. Under the rejected deal, Tolth would have pleaded guilty to a single count of robbery and received a sentence of three years time served.
Tolth now faces trial on charges of carjacking and assault related to Begay's disappearance. A trial date has not been set. Begay's daughter reported her missing in June 2021 from her home in Sweetwater, Arizona, a community on the northern part of the Navajo Nation.
Tolth's father had been dating Begay's sister at the time. Tolth initially denied involvement but later confessed during interrogation to stealing Begay's truck with her inside, punching her repeatedly, and leaving her on the roadside. He sold the truck for money and drugs, according to details in the plea agreement.
The case drew national media attention and relates to the broader issue of missing and killed Indigenous people. Nearly five years after her disappearance, Begay has not been located. During the hearing, Begay's son and niece provided testimony expressing opposition to the plea deal without information on her whereabouts.
In a prior development, Tolth was scheduled for trial in 2024, but the judge ruled his confession inadmissible. The ruling found that an FBI agent had unlawfully coerced Tolth by lying about evidence after he invoked his right to remain silent. Federal prosecutors stated in a sentencing memo that the suppression of the confession weakened their case, and the plea agreement would have offered Begay's family more certainty than a trial with limited evidence.
The rejection of the plea deal means the case will proceed to trial, potentially affecting the prosecution's strategy and the family's ongoing search for Begay. The broader context involves challenges in cases of missing Indigenous individuals, where jurisdictional issues and evidence admissibility often play significant roles. No further details on next steps were immediately available.
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