NORFOLK, Va. (WAVY) – A Norfolk father received a 21-year active sentence on Friday, for his role in his son’s death.

Hank Smith was convicted in October of felony homicide and child abuse and neglect for the beating death of 4-year-old Larkin Carr.

The center of the Commonwealth’s argument at his sentencing was that Smith lied and didn’t do enough when he could have, to save his son’s life.

Smith and his fiancée Catherine Seals left Smith’s two young sons, 4-year-old Larkin and 3-year-old Tyler, in the care of Seals’ 14-year-old son Robbie Bolsinger-Hartshorn.

“He had no criminal intent when he left the house that day, or with Robbie, to say ‘well I hope you beat my son or I hope you hurt my son,'” argued Defense Attorney Kristin Paulding.

Police say the teenager admitted to striking Larkin repeatedly that weekend in November 2018 with his fists and a chair. Smith saw bruises on his son’s body, but chose not to take him to the hospital, something Smith said from the stand that he now regrets.

Smith also testified that he lied to authorities about an earlier case of abuse at the hands of Bolsinger-Hartshorn, trying to protect him.

Bolsinger-Hartshorn will be tried as an adult for murder, but his trial date has not been set.

“You really had to believe that he knew that Robbie was going to potentially kill Larkin. And he didn’t. And so I feel that those bad parenting choices don’t put him on par with being a murderer,” said Paulding.

Smith would often be gone from the home on Sangamon Avenue with work. His attorney said Seals should have made Smith aware of the potential for danger.

“I definitely think that she knew what was going on with Robbie and with the younger boys and she should receive a similar sentence to Hank,” added Paulding.

Paulding says she will appeal the sentencing for Hank Smith.

Seals pleaded guilty in the case. Her sentencing is set for three weeks from now and her sentence is capped at 21 years, 6 months.