Aurelio Smith entered court Monday afternoon for his arraignment - then lowers his head and starts crying.
Smith and his girlfriend Andrea Bracy are charged with felony murder, torture, and child abuse first degree in the death of Smith's 3-year-old son, Tyme.
Police say the assault took place last week. Tyme passed away in a hospital where he was taken for treatment.
"The manner of death was multiple blunt force strikes," said the assistant Wayne County prosecutor.
The judge questions both about prior criminal records and work history and then sets bond at $1 million dollars each for both defendants.
The family of the child's mother says they also blame the state for this horrible crime because they say the child should never have been in the care of a felon.
"He had a record why would you give the child to someone who has a criminal record," said a family relative.
The family says due the biological mother having some medical issues, the father wanted custody.
The father wanted custody even though he didn't really have a job," said the relative.
The family says they saw bruises on the 3-year old before his untimely passing
"He just got custody in May and this is hard," the relative said. "My niece used to keep Tyme and saw bruises and reported it to child care."
And now the family says they have to deal with planning a funeral instead of a child's future.
"It's not even 6 months or a year later and the boy is dead cause of abuse of his father and probably his girlfriend," said the relative.
Both defendants are scheduled to be back in court Wednesday.
The family hopes justice is served.