Preston Tolth, the last person known to have seen Navajo elder Ella Mae Begay alive, has been arrested on a burglary charge, raising questions about his potential return to federal prison. Tolth is the only individual ever charged and convicted in connection with Begay's 2021 disappearance from a remote community on the Navajo Nation. He previously admitted to stealing her truck and assaulting her.
Begay's case has become a symbol of the broader issue of missing and murdered Indigenous people, with her image appearing at vigils and her name invoked at rallies addressing the crisis.
Phoenix police apprehended Tolth, 27, on Tuesday following a report of a home break-in. According to court records, officers located him approximately one block away, wearing clothing that matched the suspect's description and carrying a pocket knife.
Tolth was released from federal prison in June, five years to the day Begay went missing and two years prior to the scheduled end of his sentence. The Bureau of Prisons cited a federal statute that accounts for time served between the commission of a crime and sentencing, including for unrelated charges, as the reason for his early release. He had been placed in a transitional housing facility in Phoenix. His plea agreement stipulated that he was not to commit any further crimes while on supervised release and was prohibited from possessing dangerous weapons.
The new charge is a single count of burglary in Maricopa County. As of Thursday, court records did not list an attorney for Tolth, and his federal public defender did not respond to requests for comment.
Esther Winne, a spokesperson for the U.S. Attorney’s Office in Arizona, confirmed the office is aware of the arrest and stated that "There is a process for handling violations."
Gerald Foxworth, an employee at Phoenix Oasis, a facility where Tolth was staying, reported that Tolth returned to the facility intoxicated on July 4, which violated program rules. Tolth departed voluntarily after refusing medical transport, and the facility notified his probation officer. The U.S. Marshals Service had an active warrant for Tolth's arrest at the time of his apprehension by Phoenix police.
Begay's family expressed that they were unaware Tolth had left transitional housing. Gerald Begay, her eldest son, stated that while he is relieved no one was harmed in the alleged break-in, he is frustrated by the situation. "(Federal officials) made the decision to release this person. Now he’s out here hurting people," he said. "This could have ended far worse."