NEWAYGO COUNTY, Mich. — The grandmother charged in the accidental shooting death of her 5-year-old grandson decided today not to take the case against her to trial.
Braxton Dykstra was 5 years old when he died after he and another young family member found an unsecured shotgun in their grandparents’ Newaygo County home.
Theresa Robart’s trial would have begun this week. Instead, she entered a plea agreement with prosecutors.
“You’d be convicted of this offense,” the judge explained to Robart in court Tuesday afternoon.
“It would be on your record, and you'd be subject to sentencing according to this plea agreement. You understand that?”
“Yes, sir,” she replied.
Braxton's grandfather, Karl Robart, was sentenced earlier this month for his role in the boy's death. He will face 38 months to 15 years in prison.
According to Theresa Robart's attorney, the outcome Tuesday was fair.
“She's almost 70 years old and never has touched a gun,” he said after Tuesday's hearing.
“But, the gun was in the master bedroom, and she had control of premises. So, you know, she was willing to acknowledge that.”
In exchange, one count of violating Michigan’s fairly recent safe firearm storage law was dropped against her.
Newaygo
Multiple unsecured guns in home where 5-year-old boy was fatally shot
“It's something she didn't do,” her attorney said.
“It's not something she did. She didn't put the gun away.”
While Theresa was able to leave the courthouse on her own Tuesday, she will be sentenced on December 9.
“It’s just been a long process for all of us,” Shawna Dykstra, Braxton’s paternal grandmother, told FOX 17 outside the court.
Sentencing guidelines indicate Theresa could face up to 23 months behind bars once sentenced.
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