NORFOLK (WAVY) — Three people have now been sentenced in the 2018 death of 4-year-old Larkin Carr, the latest being 38-year-old Catherine Seals, who got 18 years of active prison time Thursday.

Her fiance Hank Smith was sentenced to 21 years, although it was Seals’ son Robert Bolsinger-Hartshorn who admitted to beating the child with his fists and striking him with a chair. Bolsinger-Hartshorn was 14 at the time, and Seals and Smith had left Larkin in the teen’s care on more than one occasion.

Bolsinger-Hartshorn pleaded guilty to manslaughter last month and was sentenced to detention in the juvenile system until age 21, with ten years suspended.

Smith’s attorney, Kristin Paulding, says she will appeal his conviction on felony homicide, child abuse and neglect and other charges.

“(Smith is saying) ‘How can you say that I was neglectful when my stepson has ultimately admitted to beating him to death?'” Paulding said in a Friday interview.

Smith and Seals had left Larkin in the care of her 14-year-old son, who later admitted to beating Larkin with a chair and punching him. Different judges sentenced Smith and Seals, but both were outraged that the adults did not seek medical help for Larkin until it was too late.

“Everyone forgets Larkin’s symptoms improved from Friday to Saturday, From Saturday to Sunday, and from Sunday to Monday,” Paulding said. “Until an actual parenting coach was in the home and saw him on Monday, the day that he died, and said that he was fine.”

Norfolk Commonwealth’s Attorney Ramin Fatehi says the adults’ failure to take Larkin to the hospital when he was vomiting and had diarrhea that weekend was “depraved indifference” and made them “just as responsible as if they had left a loaded gun around the house.”

But Smith’s attorney says her client got the heaviest sentence, even though the teenager was the direct cause of Larkin’s death.

“The system allows for Robbie to have a juvenile sentence until he’s 21, and then an additional adult sentence. It’s called a serious offender. The commonwealth didn’t go that way.”

“What gets lost in this case is that Bolsinger-Hartshorn was just 14 … which is a million miles away developmentally from someone who’s 18,” Fatehi said.

Fatehi says even if Bolsinger-Hartshorn had been sentenced as a serious offender, he would be up for review in two years — and a judge could have determined that he was doing well enough to be released. Had that happened, he would have actually done less time than what he got as part of the plea agreement, detention until age 21.

Paulding says she will appeal the conviction for Hank Smith, but a date has not been set.