NEWAYGO COUNTY, Mich — The grandparents of a 5-year-old Newaygo boy who was killed after being shot in their home will go to trial.
Karl and Theresa Robart refused a plea deal Monday—after already waiving their preliminary hearings last month—and will now head to trial.
The couple refused plea deals that would have had them serve jail time of 29-57 months, within the sentencing guidelines if convicted of the charges.
The two are faced with charges stemming from Michigan's new safe storage law that went into effect earlier this year. Each of the defendants are faced with a firearm safe storage with a minor present charge.
Braxton Marvin Scott Dykstra, 5, was at the Robart's home in Garfield Township on April 1, Michigan State Police (MSP) said.
Investigators say Braxton and a 6-year-old relative found a gun inside their grandparents' bedroom. When the 6-year-old boy was holding the gun, it fired and hit Braxton.
MSP were called to the home around 3:25 p.m. the afternoon of the shooting where troopers found a child dead from a gunshot wound in one of the bedrooms, a police report obtained by 13 ON YOUR SIDE through a Freedom of Information Act Request stated.
Court documents claim that the couple had several guns that were not stored safely at the time of the incident.
The Robarts face up to 15 years in prison, a fine of up to $10,000, or both.
The trial for Theresa Robart is scheduled for Oct. 30 at 8:30 a.m.
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