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New Mexico: Begaye draws life sentence for Ashlynne Mike killing

Tom Begaye Jr.
ALBUQUERQUE — The man who killed 11-year-old Ashlynne Mike and kidnapped her 9-year-old brother Ian Mike last year has been sentenced to life in prison without the possibility of release.

A courtroom full of friends and family wearing yellow to honor Ashlynne were present when District Judge William Johnson rendered Tom Begaye Jr.'s sentence this afternoon at the Pete V. Domenici United States Courthouse.

Begaye, 29, of Waterflow, pleaded guilty as part of a plea agreement on Aug. 1 to six charges, including murder, aggravated sexual abuse and kidnapping, stemming from the kidnapping, sexual abuse and murder of Ashlynne.

Ashlynne and Ian were kidnapped from near their home in Lower Fruitland on May 2, 2016.

Ian was found several hours later walking alongside a highway near the Shiprock pinnacle, and Ashlynne was found dead on May 3, 2016, in an area north of the pinnacle.

Begaye admitted to the crimes as part of his plea agreement, according to a copy of the agreement.

Ashlynne's parents Pamela Foster and Gary Mike spoke outside the doors of the courthouse following the hearing. Foster read a prepared statement, thanking many people, including the first responders who investigated the case and members of the community who helped search for Ashlynne.

"They have made sure that justice has been served," Foster said while thanking the prosecutors on the case.

She also thanked the members of Congress and Navajo lawmakers who are working to help establish Amber Alert systems on tribal land. 

Following Foster's statement, balloons were released in honor of Ashlynne.

During the hearing, both Gary Mike and Foster spoke to the court.

Foster talked about the trauma family members endured as they searched for the children and ultimately discovered Ashlynne had been murdered.

Members of the audience could be heard sniffling as Ashlynne's parents spoke. Many wore yellow T-shirts from the first Ashlynne Mike Memorial Run with an image of the 11-year-old printed on the back.

Employees for the Central Consolidated School District were urged to wear yellow today on a professional development day in honor of Ashlynne, according to a post on the district's Facebook page. The girl was a student at Ojo Amarillo Elementary School in Fruitland.

James Loonam, Begaye's federal public defender, told the court his client did not want to speak during the hearing, but he gave a brief statement on Begaye's behalf. Loonam said Begaye realized the extent of his crimes as he received mental health treatment while incarcerated and that he deserves the sentence of life in prison with no release.

Begaye hopes Ashlynne's family and the community find peace now, Loonam said.

Following the hearing, Gary Mike questioned how Begaye could murder and sexually assault his daughter.

"How can any sane person do what he did to my child?" he said.

He added he was grateful that Begaye had admitted to the crimes so everyone can have closure.

Navajo Nation President Russell Begaye and Jesse Delmar, executive director of the Navajo Nation Division of Public Safety, attended the hearing. Tom Begaye is not related to President Begaye.

President Begaye said he attended the hearing because he wanted to see justice served, stating no child should die the way Ashlynne did.

He said he was a little surprised Tom Begaye was given a sentence of life in prison instead of the death penalty.

The state of New Mexico does not have capital punishment. But the circumstances of Ashlynne's murder caused it to fall under the 1885 federal Major Crimes Act, which provides for the use of the death penalty in some instances. Essentially, tribes are allowed to "opt in" for use of the death penalty in regard to some crimes committed by one member of a tribe against another. The Navajo Nation traditionally has not exercised that option.

Tribal Council Speaker LoRenzo Bates previously told The Associated Press that Navajo leaders had decided to maintain the tribe's stance against using the death penalty, as the tribe has objected in the past to sentencing defendants to death for cultural reasons.

Tom Begaye's plea agreement paperwork stated the prosecution and defense both recommended the sentence of life in prison without the possibility of release.

Navajo leader supported death penalty in case


Navajo Nation president Russell Begaye says he told prosecutors that the tribe would have supported the death penalty for the killer of an 11-year-old girl.

Tom Begaye was sentenced Friday to life in prison without parole as part of a plea deal in the 2016 rape and murder of 11-year-old Ashlynne Mike. Russell and Tom Begaye are not related.

The tribal leader told The Associated Press he told prosecutors the tribe would have supported the death penalty.

Tribes for decades including the Navajo Nation have almost always rejected that option.

Begaye says his tribe should consider backing the death penalty in killings of children and police officers.

A defense lawyer for a man convicted of sexually assaulting and killing an 11-year-old Navajo girl has said at his client's sentencing hearing that his client is intellectually disabled and was regularly beaten as a child.

Lawyer James Loonam said Friday that Tom Begaye did not offer that information as an excuse for Begaye's actions but as insight.

Sources: Farmington Daily Times, Joshua Kellog; SFGATE, October 20, 2017


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"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

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