Two of the four people charged in connection with the 2024 death of 8-month-old Miya Rudd have accepted plea agreements in Ohio County Circuit Court, while prosecutors have now filed notices of aggravating circumstance against the child’s parents — a move that would allow a jury to recommend a sentence of up to death if either is convicted of murder.
Records show that Ricky J. Smith, 58, and Brodie C. Payne, 30, each entered plea agreements on November 25, 2025. Both men were originally indicted on murder, criminal abuse, evidence tampering, abuse of a corpse, organized crime, and multiple drug-related offenses.
Court documents show Smith pleaded guilty to one count of first-degree trafficking in a controlled substance (under 2 grams of methamphetamine), reduced from an enhanced charge. All other charges were dismissed without prejudice as part of the agreement. He was formally sentenced to five years in prison, to run concurrently with a sentence he is already serving from Daviess County. Probation was denied.
Payne pleaded guilty to first-degree trafficking in a controlled substance (under 2 grams of meth) and first-degree wanton endangerment, with all remaining counts dismissed without prejudice, documents show. He received a prison sentence of five years per charge, with the two counts running concurrently. Probation was denied, and the sentence is to run consecutive to any other state time he is serving.
While plea deals moved those two defendants out of the murder case, prosecutors escalated the stakes for Miya’s parents, Tesla Tucker and Cage Rudd, who continue to face murder and multiple counts of criminal abuse, among other charges.
The Commonwealth filed formal notices of aggravating circumstance on December 1, court records show. If a jury finds the aggravator factor proven, sentencing options would include:
- Death
- Life without parole
- Life without parole for 25 years
- A term of 20-50 years or life in prison
The notices filed for Tucker and Rudd specify that the aggravating factor is based on the child’s age and the allegation that the killing was intentional or involved complicity in the same act. The two are scheduled to return to court on December 16.
Miya Rudd was reported missing in June 2024, prompting a search that ended when investigators located her remains hidden inside her family’s Ohio County home. According to prior autopsy findings, methamphetamine was found in the infant’s system, and investigators reported extensive evidence of neglect.
A February OT report detailed numerous charges brought by a grand jury, including murder, multiple counts of criminal abuse, organized crime, drug trafficking, and failure to report a death.
