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Updated: Thursday, 28 Jun 2012, 7:23 AM EDT
Published : Wednesday, 27 Jun 2012, 12:15 PM EDT
VIRGINIA BEACH, Va. (WAVY) - A Virginia Beach judge had some harsh words as he sentenced Lawrence Ray Smith, Jr. for concealing the body of an 11-month-old baby in 2011.
WAVY.com crews were there as the judge handed down a maximum sentence of five years behind bars for Smith, who pled guilty in April to concealing baby Janyiha's body.
“If there was a code of decent behavior, you’d get a life sentence," Judge H. Thomas Padrick said.
Janyiha was left in the care of Smith on Sept. 16 2011 after her mother went to jail for a probation violation. The baby was reported missing Oct. 6, and Smith was last seen with the child on Oct. 1.
Smith told police the baby died in his care on Oct. 2 and that he left the child in a garage at the Virginia Beach Oceanfront. According to the Office of the Commonwealth's Attorney, Smith did not contact police, rescue workers or the baby's mother.
On Oct. 21, police found Janyiha's body on the fifth floor of the parking garage at Country Inn Suites, 1801 Atlantic Ave.
A pathologist took the stand during the sentencing hearing and said Janyiha had maggots in her eye sockets when she was found.
Judge Padrick asked Smith if he had anything to say and Smith tried to apologize to Janyiha’s mother, who was in attendance along with Janyiha’s biological father and grandmother. As he attempted to apologize, Janyiha’s mother said “don’t you apologize to me” with tears in her eyes.
Smith told the court he had been distraught and confused when he made the decision to leave baby Janyiha’s body in the parking garage. He kept referring to Janyiha as his daughter, to which Judge Padrick was quick to correct him, saying he didn’t act like a father.
“His actions violated the social mores of every civilized society,” Virginia Beach Commonwealth's Attorney Harvey Bryant said. “Unfortunately, it fits an often-repeated pattern both here and elsewhere – in the absence of the biological father, momma’s boyfriend injures or abuses her children.”
According to Bryant, Smith had a very large criminal record dating back to 1997 and has convictions for two counts of grand larceny, possession of burglary tools, credit card theft and forgery, distribution of marijuana, possession of marijuana, petit larceny- third or Subsequent Offense, driving with a revoked license, underage possession of alcohol, DUI, assault and battery, unauthorized use of a motor vehicle and multiple counts of petit larceny.
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