Injustice for Missing Indigenous Women
The authorities, once again, fail the indigenous people. An elderly woman's story.
6/19/20262 min read
Five years to the day when Navajo elder, Ella Mae Begay, disappeared from home in a remote corner of Arizona, the man who acknowledged stealing her truck, beating her, and leaving her on the roadside, is free from prison. The Diné, as the Navajo prefer to be called, are claiming injustice. In the past, I have recorded a podcast, and written a blog, in full support of righting the injustices of Murdered and Missing Indigenous Women.
Case background: According to Navajo Nation Dept. of Criminal Investigations, in the pre-dawn hours of June 15, 2021, Begay’s daughter, who lived next door, called 911 to report a break-in at her own home. Officers arrived 90 minutes later - remember it’s remote Arizona; lots of land; few officers. Ms. Begay said an intruder had left and that she saw her mother’s truck leave the driveway.
The intruder, Preston Tolth, admitted stealing elder Begay’s truck with her in it, repeatedly punching her in the face, and leaving her on the road. He even admitted the punches may have been hard enough to kill her. Tolth pleaded guilty to robbing the elder Begay, and was sentenced to five years in prison with credit for three years already served. Since Tolth had been incarcerated immediately following the incident, his release date occurred this week.
Begay’s relatives, however, expected Tolth to remain in custody until at least 2028. Apparently, they misunderstood the sentencing. To make matters worse, at least emotionally, Ella Mae Begay is still missing.
“This is just another slap in the face,” according to Gerald Begay, the oldest of three children. He has my sympathy.
Begay, 62, was a weaver of Navajo-style rugs and a grandmother of nine. Family and community members searched for her, pressured law enforcement for action, and even drew national media attention, which is rare for indigenous victims. Violence against indigenous people is an issue that is far too prolific, as is the lack of concern over them.
Mark Osler, University of St. Thomas, said the Federal Bureau of Prisons routinely shortens sentences to reduce overcrowding. Maybe, but not this time. This wasn’t a shortening of the sentence. He served the full five years of incarceration.
Osler said, “What’s unfortunate here is the lack of communication. These are people that have been hurt and society owes more to them.” He also stated the bureau has no obligation to notify victims and their families of releases. I can fully understand that argument. However, Tolth served his time. He should be able to enjoy his legal right to privacy and freedom from potential harassment.
Here’s the real travesty. A federal judge ruled Tolth’s confession to be inadmissible, saying the FBI failed to honor Tolth’s right to refuse questioning. One may hate it, but it’s an important right for innocent people whose words may be misconstrued, resulting in their false imprisonment.
Murdered and Missing Indigenous Women cases must quit being sent to inept investigators and prosecutors. We must do better. The Pledge of Allegiance ends, “… justice for all.”
Source used: Global Indigenous Reporting Network at The Associated Press.
