NEWAYGO COUNTY, Mich. — A Newaygo County woman charged in connection to the shooting death of her grandson will go to trial after rejecting a plea deal.
Theresa Robart and her husband, Karl, were charged under Michigan's safe storage law.
The law requires gun owners to keep unattended weapons unloaded and locked in a locked box or container if it is reasonably known that a minor is likely to be present on the premises.
Braxton Marvin Scott Dykstra, 5, was at his grandparents' home in the area of West 68th Street and Bingham Avenue in Garfield Township on April 1, Michigan State Police said.
Investigators say while their moms and grandparents spent time together, Braxton, his sister and their 6-year-old cousin went into their grandparents' bedroom to watch a movie.
Braxton's sister told police Braxton was sitting on the floor eating a snack, watching the movie when their cousin grabbed a 12-gauge shotgun that was leaning behind the bedroom door. He pointed it at Braxton and said "I'm going to shoot you."
The sister told police she told their cousin not to do that. As the boy put the gun down, it fired and hit Braxton in the head, investigators say.
According to a police report obtained by 13 ON YOUR SIDE, the sister told an officer she believed the shooting had been an accident, saying "[Redacted] said 'sorry' after, but [Redacted] didn't answer because he was dead."
Michigan State Police were called to the scene around 3:25 p.m. that afternoon. There, they found Braxton dead in the bedroom.
13 ON YOUR SIDE also obtained documents that stated detectives found multiple guns in the home. This included a loaded pistol in a dresser drawer "very close to where the children were playing," investigators say.
Documents also said the gun used in the shooting had been owned by the Robarts for 10 years, and they kept it leaned up against the bedroom wall behind the door.
Theresa told police there were usually other items behind the door that blocked the shotgun from view, but she had just cleaned that day and left the gun in plain sight. She allegedly asked her husband to secure it, but he did not, court documents say.
Domynic Dykstra, the boy's father, told 13 ON YOUR SIDE in a previous interview that he hoped the grandparents would face charges, after charges were filed he told us he was beginning to feel some closure.
Theresa's trial is expected to start in late October.
Earlier this month, Karl entered a "no contest" plea on the same charge to avoid going to trial.
He could serve anywhere between 19 and 38 months in prison.
Braxton enjoyed riding his quad with his dad and showing off his jumping skills on his bike. He loved spending time with his family. He was a member of Five Cap.
Alongside his parents, grandparents and plenty of aunts, uncles and cousins, he leaves behind two sisters and a baby brother.
His best friend was his dad, and wanted to be just like him, his family says.
"He is our Super Hero, but we are his voice," said a loved one in his obituary.
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