NEWAYGO COUNTY, Mich. — The Newaygo couple charged in connection to their 5-year-old grandson's death will go to trial.
Both Karl and Theresa Robart waived preliminary hearings during a court appearance on Thursday.
They're facing charges under Michigan's new safe storage law that went into effect earlier this year. Each faces a firearm safe storage with a minor present violation.
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.
They had several guns that were not stored safely, court documents show.
They're likely one of the first people charged under this new law in West Michigan.
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 Braxton and a relative, a 6-year-old boy, found a gun inside their grandparents' bedroom. When the 6-year-old boy was holding the gun, it fired and hit Braxton.
Michigan State Police were called to the scene around 3:25 p.m. that afternoon.
A police report obtained by 13 ON YOUR SIDE through a Freedom of Information Act Request states that once inside, troopers found a child dead from a gunshot wound in one of the bedrooms.
The Robarts face up to 15 years in prison, a fine of up to $10,000, or both.
A trial date has not been set.
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