NEWAYGO, Mich. — The home where a 5-year-old boy was shot and killed by a young relative had multiple unsecured firearms inside the day of the shooting, according to court documents.
FOX 17 obtained a transcript of the Michigan State Police detective's statement of the facts in the case from the Newaygo County District Court. The detective told the court several weapons were inside the room where 5-year-old Braxton Dykstra was killed, including a loaded handgun.
The detective described the scene as he experienced it and notes from reports other emergency responders made— sharing that Braxton was alleged to be eating a snack, watching a movie with two other young family members in their grandparents' bedroom before being shot.
Robart Arraignment Transcripts by WXMI on Scribd
One of the other young family members retrieved a 12-gauge shotgun from behind the bedroom door, reportedly where it had been routinely stored for the last decade. The child aimed it at Braxton but set it down when the other family member in the room told him to.
The gun went off moments later, according to police.
The detective testified Karl and Theresa Robart and their two daughters reportedly heard "a loud bang."
Braxton was shot in the head and, despite efforts by officers and EMTs, died in his grandparents' bedroom.
According to Michigan State Police, Karl stated he believed the gun was unloaded, having shot a raccoon with it recently and remembering unloading the chambers before putting it back.
46186952-Newaygo Co 5 Year Old Death Report and Externals by WXMI on Scribd
Michigan State Police Troopers later found that gun and spent shell in another room where Karl had taken it after they saw what happened. Investigators seized the shotgun, an unsecured pistol loaded with a full magazine in a dresser drawer, and "several other long guns in the closet". None of them were secured in a locked gun safe or with a trigger lock.
The child who held the gun that day told Michigan State Police it was an accident, having never played with a firearm before. He wasn't hurt, but ran from the home, saying his "ear went out" from the loud noise.
Theresa had stated the gun was typically hidden, but the room had recently been reorganized, exposing the firearm's place behind the door.
"Does the court find probable cause?" The detective asked, per protocol for these hearings.
"The Court does." the magistrate responded.
The charges come weeks after Braxton's father called for the grandparents to be held criminally responsible.
Attorneys have been appointed for each defendant, who both currently live with their daughter in the home where it happened. The defense asked the bond be as low as possible, saying neither defendant is a flight risk as what happened was an accident and they live on a fixed income.
"This is a very serious charge." the magistrate explained, approving bonds of $50,000 for both Robarts and prohibiting the defendants from possessing firearms or having any unsupervised contact with minors.
Karl and Theresa are scheduled to be back in court for a probable cause conference on May 16 followed by a preliminary examination on May 23.
Each pleaded not guilty to one count of felony firearms safe storage violations inflicting death.
If convicted, the Robarts face up to 15 years in prison.
Loved ones remembered Braxton during a memorial service last weekend.
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