Jury Finds Polacca Woman Guilty of Driving Under the Influence with Her Children, Killing One of Them

PHOENIX, Ariz. – On August 13, a federal jury found Marian Marsha Josytewa, 40, of Polacca, Arizona, guilty of one count of Involuntary Manslaughter, one count of Assault Resulting in Serious Bodily Injury, two counts of Child Abuse, and one count of Driving Under the Influence. The guilty verdict followed a six-day trial before United States District Court Judge Steven P. Logan. Sentencing is scheduled for November 3, 2025.

On December 10, 2021, Josytewa consumed several beers before picking up her two children from school in Flagstaff, Arizona. While traveling back to the Hopi Tribe homeland on a highway on the Navajo Nation, Josytewa rolled her car. One of her sons was ejected from the vehicle and died because of the crash. Josytewa’s blood was drawn and tested at a crime lab, which showed a BAC level of .113.

A conviction for Assault Resulting in Serious Bodily Injury carries a maximum penalty of 10 years in prison, a fine of $250,000, and not more than three years of supervised release. Involuntary Manslaughter carries a maximum penalty of eight years in prison, a fine of $250,000, and not more than three years of supervised release. The remaining three convictions include additional penalties that could amount to more than seven years in prison.

The FBI Phoenix Division’s Flagstaff office and Navajo Police Department jointly conducted the investigation in this case, with assistance from the Arizona Department of Public Safety, Coconino County Sheriff’s Office, and the Navajo County Sheriff’s Office. The United States Attorney’s Office, District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER:            CR-24-08083-PCT-SPL
RELEASE NUMBER:    2025-135_Josytewa

# # #

For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.