Burglary charge could send man linked to Navajo elder's disappearance back to federal prison

PHOENIX — The last person known to have seen Navajo elder Ella Mae Begay alive has been accused of burglary in an unrelated incident, raising questions about whether he will be sent back to federal prison in Begay's disappearance.

Preston Tolth is the only person ever charged and convicted in connection with the 2021 disappearance of Begay, a weaver and grandmother of nine from a remote community on the Navajo Nation who has never been found. He acknowledged stealing her truck, beating her and leaving her on the side of the road.

Her case has become emblematic of the heartache felt across Indian Country when loved ones go missing or are killed. Begay's photo appears at marches. Her name is regularly invoked at rallies calling attention to the crisis.

Phoenix police arrested Tolth, 27, on Tuesday after getting a call about a home break-in. Officers found him about a block away, wearing clothing that matched the description of the suspect and carrying a pocket knife, according to court records.

Tolth was released from federal prison in June, five years to the day Begay vanished and two years earlier than his sentence was scheduled to end. The Bureau of Prisons cited a federal statue that counts time served after the commission of a crime but before sentencing, including on unrelated charges, in releasing him early.

Tolth was sent to a transitional housing facility in Phoenix. Under the terms of his plea agreement in federal court, he was not to commit any additional crimes while on supervised release. He also was barred from possessing dangerous weapons.

He faces a single charge of burglary in Maricopa County. Court records did not have an attorney listed for him, and his public defender in the federal case did not respond to an emailed request for comment Thursday.

Esther Winne, a spokesperson for the U.S. Attorney’s Office in Arizona, said the office is aware of his arrest.

“There is a process for handling violations,” Winne said in an email Tuesday, declining further comment.

Gerald Foxworth, an employee at Phoenix Oasis where Tolth was staying, said Tolth returned to the facility drunk on July 4 in violation of program rules. Tolth left on his own after refusing to be transported to a medical center, Foxworth said, and the facility informed Tolth's probation officer.

The U.S. Marshals Service had an active warrant out for Tolth’s arrest when he was picked up by Phoenix police.

The Associated Press left phone and email messages with Tolth's probation officer Thursday requesting comment.

Begay's family said they were unaware Tolth left transitional housing. His arrest is the latest frustration in a case they say has offered little in the way of justice or closure. The eldest of Begay's three children, Gerald Begay, said he is relieved no one was harmed in the break-in.

“(Federal officials) made the decision to release this person. Now he’s out here hurting people,” Begay said. “This could have ended far worse.”