Grandparents of 5-year-old killed in unsecured gun shooting refuse plea deals

The grandparents of a 5-year-old boy who lost his life while another young family member handled a loaded gun at their home were back in court Monday. Prosecutors announced they were putting plea deals on the table for both, but those offers were declined.

Both Karl Robart, and his wife Theresa Robart have decided to take their cases to trial, turning down plea deals offered by the prosecutor’s office.

The couple was each offered the opportunity to plead guilty to charges of violating the state’s firearm safe storage act. In exchange, prosecutors would push for them to receive prison terms towards the bottom of the sentencing guidelines.

Prosecutors said in court Monday that the charge carried a term of 29 to 57 months, saying they would recommend a sentence around 29 months.

Both have elected to take their cases to trial.

A lawyer representing Karl told the court he expects the trial to take about three days time.

Karl had no comment when asked about the situation following Monday’s hearing.

5-year-old Braxton Dykstra was at his grandma and grandpa’s house off South Bingham in Garfield Township on April 1 along with multiple other young relatives.

At some point in the day, Braxton and two other close relatives allegedly went into their grandparent’s bedroom to watch a movie.

While the kids were in the bedroom, other family members in the house heard a “loud bang” , and rushed inside.

According to court documents obtained by FOX 17, they found the 5-year-old inside suffering from what appeared to be a gunshot to his head .

Investigators say the 12-gauge shot gun used belonged to the boy’s grandpa, Karl Robart.

Court documents allege that Braxton was sitting on the bedroom floor eating a snack when a 6-year-old relative pulled the shotgun from behind a door and pointed it at the 5-year-old.

He allegedly said, “I’m going to shoot you” before actually pulling the trigger.

Karl and Theresa will be back in court for a final status conference on August 5 at 2:10pm.

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