PHOENIX, ARIZONA — U.S. District Judge Douglas Rayes in Phoenix accepted a plea agreement under which Preston Henry Tolth pleaded guilty to robbing Navajo elder Ella Mae Begay and sentenced him to five years in federal prison. Tolth is the only person ever charged in connection with the unsolved 2021 disappearance of Begay, a 62-year-old who vanished from her home in Sweetwater, Arizona, on the Navajo Nation in June 2021.

Under the agreement, Tolth was credited with three years' time served, prosecutors dropped an assault charge, and agreed not to prosecute him in the future if Begay's case develops. Rayes had previously rejected an earlier plea agreement that would have released Tolth after three years of time served, calling it overly lenient.

Family members urged Rayes to reject the new agreement and said they did not want Tolth released without him leading investigators to Begay. Seraphine Warren, Begay's niece, left the courtroom when it became apparent the judge was moving forward with the sentencing.

"A 62-year-woman is still nowhere to be found. No amount of time is enough if he won't tell us where she is." Warren said.

Jane McClellan, a lawyer for Tolth, addressed the court on her client's behalf. "He is remorseful for his actions," McClellan said. "He has taken responsibility for his actions."

Navajo Nation Public Safety Director Michael Henderson said finding Begay remains a priority for tribal law enforcement. He said that once federal law enforcement officially close the case, Navajo Nation police may gain access to information that could aid their search.

Navajo Nation police and FBI agents identified Tolth as a suspect within days of Begay's disappearance. Tolth initially denied any involvement. In a later interrogation, an FBI agent told Tolth that police had found Begay's truck and were processing evidence that would implicate him. It is legal for U.S. law enforcement to fabricate evidence during interrogations. Tolth then waived his right to remain silent and confessed to stealing Begay's pickup truck, beating her, and leaving her for dead on the side of the road.

Rayes later ruled that the FBI agent failed to scrupulously honor Tolth's initial refusal to speak and threw out the confession. A panel of appellate court judges agreed with the ruling to suppress it.