Department of Justice

U.S. Attorney’s Office

Southern District of West Virginia

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FOR IMMEDIATE RELEASE

Tuesday, October 10, 2017

Two defendants sentenced to federal prison for heroin charges

Investigators seized over 275 grams of heroin from restaurant; separate investigation leads to forfeiture of car

HUNTINGTON, W.Va. – Two defendants who pleaded guilty earlier this year to federal drug crimes were sentenced today in Huntington, announced United States Attorney Carol Casto. Bradley William McCutchen, 36, of Detroit, was sentenced to five years in federal prison after previously pleading guilty to possession with intent to distribute 100 grams or more of heroin. In a separate prosecution, Judy Kay Smith, 59, of Huntington, was sentenced to a year and three months in federal prison and ordered to pay a $10,000 fine after previously pleading guilty to distributing heroin.

On March 28, 2015, agents with the Drug Enforcement Administration Task Force executed a search warrant at “The Sandwich Joint,” a restaurant located at 417 12th Street in Huntington. Agents had previously purchased heroin at the restaurant on several occasions. During the search, agents located and seized over 275 grams of heroin from a safe located on the second floor of the restaurant. Agents also seized various items of drug paraphernalia during the search, including packaging material, a digital scale, and multiple bottles of inositol powder, which is commonly used as a cutting agent in the preparation of heroin for distribution. McCutchen admitted that he used the restaurant to store heroin that he supplied to other individuals and distributed himself. McCutchen further admitted that between August 2014 and March 2015, he supplied the owner of the restaurant with heroin that he transported to Huntington from Detroit. 

In a separate prosecution, deputies with the Cabell County Sheriff’s Department utilized a confidential informant to make a controlled purchase of heroin from Smith on January 5, 2017. Smith agreed to meet the informant in a parking lot at 4341 U.S. Route 60 in Huntington to complete the drug deal. After the informant and Smith arrived at that location, the informant entered Smith’s vehicle, where she sold the informant approximately 10 grams of heroin in exchange for $1,200 in cash. Smith also admitted that she distributed 20 grams of heroin to the informant on January 9, 2017. 

On January 23, 2017, Smith agreed to distribute 20 grams of heroin to an undercover agent with the Huntington FBI Drug Task Force. Prior to that drug deal, a trooper with the West Virginia State Police conducted a traffic stop of Smith’s vehicle. Smith was arrested and found with approximately 22 grams of heroin. Agents also executed a search warrant at Smith’s residence and seized additional heroin and two firearms. As part of her plea, Smith agreed to forfeit a vehicle that was used to facilitate the heroin trafficking.

The Drug Enforcement Administration Task Force conducted the McCutchen investigation. The Huntington FBI Drug Task Force, the Cabell County Sheriff’s Department, and the West Virginia State Police conducted the Smith investigation. Assistant United States Attorney Joseph F. Adams handled the prosecutions. United States District Judge Robert C. Chambers imposed the sentences.

These prosecutions are part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.