NEWAYGO COUNTY, Mich. — The grandparents of the 5-year-old shot and killed by a gun found in their house were arraigned in court Thursday.
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.
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.
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 relative 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."
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