WHITE CLOUD, Mich. — FOX 17 has been covering the story of a 5-year-old boy who was shot and killed by a 6-year-old family member for months now.
The shooting happened back in April, at his grandparents' Newaygo County home.
Those grandparents, Karl and Theresa Robart, were criminally charged. Karl Robart has already been sentenced.
READ MORE: 'It destroyed our family': Grandfather sentenced after grandson killed with unsecured gun
As of Monday, both have been sentenced. This case was one of the first prosecuted in Michigan under the state's new safe storage law.
READ MORE: New gun laws, including safe storage, takes effect Feb. 13
Monday, Theresa Robart was sentenced on child abuse charges. She took a plea deal, initially charged as well with violating Michigan's safe storage law.
She will serve one year in the Newaygo County Jail, and will be on probation for two years.
“I lost my 5-year-old son, in your care. Irresponsibility, negligence, at its finest," father of 5-year-old Braxton Dykstra, Domynic Dykstra, said in court during a victim impact statement.
Braxton Dykstra will remain forever 5 years old.
“Plea deal shouldn’t have been offered at all,” Shawn Dykstra, Braxton's grandmother on his dad's side, said.
Father Domynic Dykstra said in court that Theresa Robart took the plea for lesser punishment as part of a decision Braxton's family made so Braxton's 8-year-old sister, a witness to the shooting, wouldn't have to testify.
“You have a law for a law. You don’t let them get off on it. That’s what just happened. There’s no justice for my grandson. None, at all. Was this intentionally done? No. But those children were sent in that room knowing that gun did not get taken care of. Or should have at least checked to make sure that it did. You didn’t. You negligently sent those kids into that room. And now my grandson is gone,” Shawn Dykstra said.
The other side of the family feels robbed of justice, too.
“I’m pretty disappointed in our justice system. I think our justice system was wrong in this,” sister-in-law of Theresa Robart, Kim Thompson, said.
A condition of sentencing is that Theresa Robart is no longer allowed to supervise children under the age of 18.
“We all lost Braxton. But now all the grandkids lost their grandparents. Is that right? Is it right? Is it justice to put grandparents in jail?” Kim Thompson said.
There's an empty feeling for Shawn Dykstra, Braxton's other grandmother, as the holidays approach.
"I got an 11-year-old grandson telling me that my Christmas tree looks empty. Because Braxton’s not here,” Shawn Dykstra said.
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