WHITE CLOUD, Mich. (WOOD) — A grandmother will serve jail time for the death of her 5-year-old grandson, who was shot and killed by his cousin.

Theresa Robart cried as she was sentenced Monday to one year in the Newaygo County Jail, with credit for four days served, and two years of probation.

The shooting happened April 1 at her home near Newaygo. Theresa Robart and her husband Karl Robart were accused of leaving a 12-gauge shotgun behind a bedroom door, near where their grandchildren were watching movies. Braxton Dykstra, age 5, was shot and killed when his 6-year-old cousin picked up the gun, pointed it at him and pulled the trigger.

In court Monday, Braxton’s father Domynic Dykstra called it “negligence at its finest” and argued Theresa Robart was not taking responsibility.

“I lost my 5-year-old son in your care,” he said, emotional.

The rest of the Dykstra side the family agreed, with Braxton’s paternal grandmother calling his death “100% preventable.”

“Was this intentionally done? No, not at all. But those children were sent in that room knowing that gun did not get taken care of, or at least she should have checked that it did. You didn’t,” Shawn Dykstra said. “You negligently sent all three of those kids into that room and now my grandson is gone.”

Teresa Robart pleaded no contest in October to second-degree child abuse. Under a plea deal, the most serious charge she was facing — a safe storage violation — was dismissed and the Newaygo County Prosecutor’s Office agreed to recommend no prison time.

“The court does think that this jail time is appropriate for you,” Judge Robert Springstead told Theresa Robart in handing down his sentence. “Really, you are just as guilty as your husband. You worked out a plea agreement that saved you prison time, which is a good thing. It just makes me wonder if we would be having the same discussion if there was pills or poison or anything else that endangered this child out.”

Karl Robart was sentenced earlier in October to between 38 months and 15 years in prison after pleading no contest to the safe storage violation. Michigan’s safe storage laws went into effect in February.

Braxton’s paternal grandmother Shawn Dykstra said she did not think the prosecutor should have taken any deals.

“You have a law for a law. You don’t let them get off on it and that’s exactly what’s just happened. There’s no justice for my grandson, none at all,” she said.

On the other side of the family, Theresa Robart’s sister-in-law thought the Robarts were unfairly held responsible.

“I feel that nobody should have gotten punished. But there were four adults in that home, not just two. The parents were there. … They were all there. So why is it that Theresa and Karl are the ones irresponsible and the ones that are not doing their job?” Kim Thompson wondered.

“This isn’t justice. This isn’t justice for Braxton, for sure,” she continued.

She added that she thought it was Karl Robart’s job to have locked up the gun and that she was “pretty disappointed in our justice system.”

“Even after her knee surgery, they had (Theresa Robart) babysit. That’s an irresponsible grandparent, who puts herself out to take care of her grandkids so their parents can work?” Thompson said. “Those grandkids are her life. And they just took her away from all of them — not just Braxton, all of them.”

Shawn Dykstra said that with the court cases concluded, the family must now to grieve.

“Now we can actually try to grieve, try to heal — but we’re never going to heal,” she said.