NEWAYGO COUNTY, Mich. — The grandparents of the 5-year-old shot and killed by a gun found in their house had several guns that were not stored safely, court documents show.
Karl and Theresa Robart are both 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 are likely one of the first people charged under this new law in West Michigan.
According to probable cause documents obtained by 13 ON YOUR SIDE, detectives saw multiple guns in the house. This included a loaded pistol in a dresser drawer "very close to where the children were playing," investigators say.
Multiple other long guns were found in the bedroom closet, unsecured.
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.
Domynic Dykstra, the boy's father, hoped the grandparents would face charges.
He said now that they've been arraigned he's beginning to feel some closure.
However, he believes the mother of the 6-year-old cousin who shot and killed Braxton should also be charged.
"I feel like the mother of the child that took my son's life should definitely be responsible, held responsible. She shouldn't be able to get away scot-free," Dykstra said. "... Her child took a life and there should be no reason that she gets to go scot-free. You know, she still has all her kids on this earth. I don't. So I just don't think it's fair."
Dykstra also reiterated the importance of storing firearms safely. He said he's trying to push new legislation called "Braxton's Law" to help with ensuring safe storage.
"My main goal right now is to obviously stop this from happening again," Dykstra said. "I have gone through so much pain that I don't want anybody else to go through. It's obviously a parent's worst nightmare. But, my message is to try and help, you know, this from happening again to another parent, from one parent to another."
Court documents 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.
Bond has been set for $50,000 cash or surety for both Karl and Theresa Robart.
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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