STATE OF MICHIGAN ‘78TH JUDICIAL DISTRICT COURT (WHITE CLOUD, MICHIGAN) THE PEOPLE OF THE STATE OF MICHIGAN, v File No. 24-918-FY KARL MARVIN ROBART, Defendant. THE PEOPLE OF THE STATE OF MICHIGAN, . File No. 24-919-2Y TERESA MAE ROBART, Defendant. PROBABLE CAUSE HEARING BEFORE LEANNA JAR, DISTRICT COURT MAGISTRATE White Cloud, Michigan - Thursday, May 2, 2024 APPEARANCES: For the People: None, For the Defendant: Nowe ‘TRANSCRIBED BY: MS. BATLTE RUBTHER, CER 15658 Ceitified Electronic Recorder (231) 689-7357EXHIBITS None ‘TABLE OF CONTENTSwhite Cloud, Michigan thursday, May 2, 2024 - 11:39 a.m. HE MAGISTRATE: ‘This is File No. 24-928-FY, the People of the State of Michigan versus Karl Marvin Robart ‘tig 18 a one count Celuay complaint alleging fixearms safe storage violations premise under individual's control, minor present and inflicts death upon self or another. Also present on Pile No. 24-919-FY, the People of the State of Michigan versus Theresa Mae Robart. This 1s a one count felony complaint. Again, firearms safe storage violations premise under individual’s control, minor present and inflicts death upon self or another. These files are codefendants. Here to swear on today’s complaints is Detective Wolf. Detective, do you solemaly sear or affirm the information contained in these complaints is true and accurate to the best of information and belief? DETECTIVE WOLF: T do (at 11:39 a.m, Detective Wolf sworn in} ‘THE MAGISTRATE: Go ahead. DETECTIVE WOLF: Detective Sargent Wolf stating that on April 1, 2024, Troopers Stewart and Hunt were dispatched to the address of 6854 South Bingham Avenue. That’s Garfield township, Newaygo County: For the report of a child being shot with a firearm. When Troopers Hunt and Stewart arrived on scene, they found a five year old boy being, BraxtonDykstra, with a gunshot wound to the head. They acninistered first aid until first cesponders arrived, who pronounced Braxton Dykstra deceased at the scene. It was found that Karl Robar -- Marvin Robart and Theresa Robart own and occupy the dueling house at 6¥o4 South Hingham Avenue. in further Uveis daughter Mallory and her son Xavier live at that residence with them, They all acknowledge that while being interviewed. on April 1, 2024, on that day Karl and Theresa's other daughter, Paige, arrived at the residence with her children to include her five year old son, Braxton Dykstra. Their intent there was to spend time with the family. It was reported by family menbers during interviews that at one point in the afternoon Braxton, Xavier and Jessica, the sister of other juveniles, went into the bedroom, identified as Karl and Theresa's, to watch 2 movie After interviewing Mallory, Paige, Karl, and Theresa they at some point heard a loud bang and rushed into the room and found that Braxton had been apparently shot in the head. After interviewing Karl Robart. ile reported that he -- the 12-gauge shot gun that was used in this incident belonged to him. He's had it for approximately 10 years. And it’s always been stored leaning up against the wall behind thele bedroom door. In interviewing -~ well Karl also reported that there was other amunition in the residence to be shot gun ammunition. And that nothing had any type of locking mechan—ism or safety. Or a safe -- safe rather to store then in. Interviewing Theresa Robart, she acknowledged that edroom where Braxton to be shot to be hers and Karl’s. Theresa further reported that she was aware there was a 12- gauge shot gun chat vas always 1eaning up being Une door in their bedroom. Theresa noted that there used to be a bunch of stuff piled up in front of it that would somewhat conceal it. However, recently she cleaned the room, moved that stuff and asked Karl to secure the gun. But he did not. In searching the residence —- initially Trooper Stewart when he arrived he was he asked where the firearm went. Karl report that he had ejected the shot gun shell the fired shot gun shell out of the gun and leaned the shot gun up in the kitchen. He walked Trooper Stewart to that location where he xetrieved that shot gun and also the empty fired shot gun shell. A search warcant was obtained for the residence. 1 was -- I did assist with with searching the residence. observed Braxton Dykstra at the nertheast corner of the bedroom. The one that was identified as Karl and Theresa's. In further -- in further Interview Karl reported that he typically slept on the couch. However, he identified that bedroom a being his. And that his wife Theresa and their son Xavier typically slept in that bedroom. I Gid observe Braxton Dykstra during the searcha 2 mw 25 warrant laying on the floor with an apparent shot gun blast to the face/head area. And further search of that bedroom revealed locating a pistol in a dresser drawer with a loaded magazine. That was ~~ didn’t have any type of locking device on that and waa just laying in a dresser deawex and very close to where the children were playing. There’s also several other long guns in the closet of the northeast bedroom that were not ~~ did not have contain any locking mechanisms or anything of that nature. An interview with Jessica. Now Jessica Dykstra who is the sister of Braxton Dykstra. Jessica reported that she was in the room at the time the firearm was shot. Jessica reported -- Jessica was interviewed by Detective Sargent Hayes and I’m aware of these facts fron reading his narrative report. Jessica reported that Braxton was sitting on the floor eating a snack, watching the movie when Xavier retrieved the shot gun from behind the door and pointed it at Braxton and said, “I’m going to shoot you.” Jessica told him to == not to do that and as Xavier was observed her and her statement putting the fizearm down it discharged and strike Braxton in the head. Does the Court find probable cause? THE MAGISTRATE: The Couxt does find probable cause to issue these complaints and warrants. Concerns with bond? DETECTIVE WOLF: I don’t. They’re local, I guess Tdon’t have any apparent concerns with bond other than, you know, this was an incident that caused the death of a five year old boy. THE MAGISTRATE: The Court is going to set a bond in this matter based on public safety. thio io a very corious charge as the officer indicated there was a death associated with this. A very young child. So Court is going to set bond at $50,000 cash or surety in each file. There is conditions to bond of no firearms to each -- on each case. We’ re also going to add a condition of no contact with -- ne unsupervised contact with any minors under the age of 18. (at 11:48 a.m., proceedings concluded)I certify that this transcript, consisting of 8 pages, is 2 complete, true, and accurate transcript of the Probable Cause Hearing and testimony taken in this matter as recorded on Thursday, may 2, 2024. pate: May 2, 2024 Bail : Ruther Bailie Ruether, CER 15658 78th District Court 1092 Newell White Cloud, Michigan, 49349 (231) 689-7387STATE OF MICHIGAN 8TH JUDICIAL DISTRICT COURT (WHITE CLOUD, MICHIGAN) ‘THE PEOPLE OF THE STATE OF MICHIGAN, v File No. 24-919-FY THERESA MAR ROBART, Defendant. [ARRAIGNMENT BEFORE THE HONORABLE ELLSWORTH STAY, DISTRICT JUDGE White Cloud, Michigan - Thursday, May 2, 2024 APPEARANCES: For the People: MS. RACHEL ROBINSON (P78565) Aslatant Prosecuting Attorney 1092 Fast Newell Street White Cloud, Michigan 49349 (231) 689-7283 For the Defendant: MS. DIANNE M. LONGORTA (P64170) Attorney At Law P.O. Box 667 Baldwin, Michigan 49304 (231) 745-6027 ‘TRANSCRIBED BY: MS, BATLIE RUETHER, CBR 15658 Certified Blectronic Recorder (231) 689-7357WITNESSES None EXHIBITS: TABLE OF CONTENTS2 B 4 15 6 7 18 9 20 a 23 25 White Cloud, Michigan Thursday, May 2, 2024 - 4:17 pam. THE COURT: Case No. 24-919-FY, People of the State of Michigan verus Theresa Mae Robart. This matter is set for arraignment. Me. Robingon is here on behalf of the Prosecuting Attorney's office. Ms. longoria is here with Ms. Robart. Are you Ms. Robart? HE DEFENDANT: Yes, T am. THE COURT: Okay. Ms. Robart, did —- T have your signed advice of rights form. Did you read this? ‘THE DEFENDANT: Yes. THE COURT: Did you understand it? THE ORFENDANT: Yes. THE COURT: Okay. Ms. Robart, you are charged on or about April 1, 2024, in Garfield Tomship, that you comnitted the crime of firearns safe storage violations premises under Andividual’s control, minor present and inflicts death upon self or another. That you did store or leave a firearm unattended on premises under his or her control. when he, she or they knew or reasonably should have known that a minor was or was Likely to be present on the premises. and did fail to store the firearm in a locked box or container, or keep the firearm unloaded and lock the firearm with a lecking device that is properly engaged to render the firearm inoperable by any individual other than -- other than the owner or an25 authorized user and as a result a minor obtained the firearm, Gischarged it and inflicted death upon any other individual to wit minor B.D. Contrary to MCL 28.428, that is a felony punishable by 15 year and/or a fine of not more than $10,000. Do you understand the charge and the penalty? THE DEFENDANT: Yes, sir. THE COURT: And, Ms. Robart, one of the most important rights you have as a criminal defendant is the right to be represented by an attorney. Do you wish to be represented by an attorney? THE DEFENDANT: Yea, sir. THE COURT: Okay. Do you have the financial means in which to hire one? ‘THE DEFENDANT: No, six. ‘THE COURT: Okay. Are you employed? HE DEFENDANT: No. ‘THE COURT: Do you have any sources of income? ‘THE DEFENDANT: T have disability. ‘THE COURT: Okay. And how much is the disability per month? THE DEFENDANT: $1,100. ‘THE COURT: And do you Live with anyone else? THE DEFENDANT: My daughter and her three children. THE COURT: Okay. And how long have you been on disability for?2 2 25 ‘THE DEFENDANT: A couple years THE COURT: Okay. Based on that the Court’s going to find that you are indigent. And vill appoint an attorney or the MIDC will appoint an attorney. The MIDC will appoint attorney Rick Prysock to represent you, Because this matter is a felony, the matter will be set for a preliminary examination. The probable cause conference will be on May 16th at 9:30 asm. and the preliminary examination will be held on May 23rd at 1:30 p.m. ‘The Court will enter a not guilty plea on your behalf, The lawyer in this case, whether you post bond or not will be in contact with you within three business days. Now the Court wants to address bond. Ms. Longoria? MS, LONGORIA: Thank you, your Honor. Me. Robart does have ties to the community. Her daughters, her grandchildren, her husband, aa well as her sister-in-law and mother-in-law all reside in the ~~ in the county. So she does have strong ties not only to this community but to Michigan, In addition to that she -~ she does have sone health problens. she had a TIA, She also recently had a knee replacement, so it’s very digeieult for her to ~ she has sone difficulties with kneeling and some anbulation problems. She has some minor health problems with high blood pressure and high choles terol, as well. We'd ask that to be taken into consideration. And I know this is a serious offense, it was not a offense2 re “4 1s 16 7 18 19 20 a a ™ 2s ‘that was maliciously done or any thing. and it was an accident. And we would ask that aa well be taken into consid- eration. And ae low as bond as possible: THE COURT: Hs. Robinson? Ms. ROBINSON: Your Honor, once again the people believe that the bond is appropriate as set. But ve'll leave that in the Court's discretion. THE COURT: When this matter was sworn to by the state police the bond was set at $50,000 cash or surety. I’ve reviewed this case. It's a serious charge involving the death of a young child. So the people or the Court believes that. $50,000 cash or surety is reasonable based on public safety. The Court is also ordering the standard conditions but also adding that the defendant not possess or purchase a firearm or other dangerous weapon. That the defendant not have any unsupervised contact with minors under the age of 18. Ms. Robart, Im going to give you a copy of this pretrial release order for you to review and sign. Tt’s merely an acknowledge ment of those conditions and I’m also going to give you a copy of Mr. Prysock’s business card. And 1’d ask that you review that with Me. Longoria. Let the record xeflect that the defendant has reviewed with Ma. Longoria the terns of the bond should she post that bond. And she's been given a copy of Mr. Prysock’s card, The preliminary examination is set for May 23rd again.And the probable cause conference for May 16th. adjourned. MS. ROBINSON: Thank you, your Honor. (At 4:24 p.m., proceedings concluded) We areI certify that this transcript, consisting of 8 pages, is a complete, true, and correct transcript of the arraignment recorded on Thursday, May 2, 2024. once: May_ 22020 Crab: Auction Bailie Ruether, CER 15658 Tech District court 1092 Newell White Cloud, Michigan, 49349 (231) 689-7357STATE OF MICHIGAN ‘OTH JUDICIAL DISTRICT COURT (WHITE CLOUD, MICHIGAN) ‘THE PEOPLE OF THE STATE OF MICHIGAN, v File No. 24-918-FY KARD MARVIN RODART, Defendant. ‘ARRAIGNMENT BEFORE THE HONORABLE ELLSWORTH STAY, DISTRICT JUDGE White Cloud, Michigan = Thursday, May 2, 2024 APPEARANCES: For the People: MS. RACHEL ROBINSON (P78565) Assistant Prosecuting Attorney 1092 East Newell street White Cloud, Michigan 49349 (231) 689-7283 For the Defendant: MS. DIANNE M. LONGORTA (P64270) Attorney At Law P.O. Box 667 Baldwin, Michigan 49304 (231) 745-6027 ‘TRANSCRIBED BY: MS. BAILIE RUETHER, CER 15650 Certified Electronic Recorder (231) 600-7387EXHIBETS: None TABLE OF CONTENTS.White Cloud, Michigan Thursday, May 2, 2024 - 4:05 p.m. THE COURT: Case No. 24-918-FY, People of the state of Michigan versus Karl Marvin Robert -- Robart. This matter is set for arraignment. Ms. Robinson's here on behalf of the Prosecutor's office. Ms. Longoria’s here with the defendant. Are you Me. Robart? THE DEFENDANT: Yes, sir. THE COURT: And, Mr. Robart, did you have a chance to review an advice of rights form with Ms. Longoria? SHE DEFENDANT: T did. ‘THE COURT: Did you read that for? ‘THE DEFENDANT: T wasn’t finished reading it, no. ‘THE COURT: Okay. Do you need some time to read it? ‘THE DEFENDANT: I’m familiar with them. ‘THE COURT: Well, Ms. Longoria, I'd ask if you would speak with the defendant and make sure he's avare of all of those rights. THE COURT: And I have @ signed copy of that advice of rights and I would ack you again, six. Did you xead it? THE DEFENDANT: Yes. THE COURT: Bo you understand those rights? HE DEFENDANT: T do. THE COUR Mr. Robart, you are charged that on or about April 1, 2024, in Garfield Township, that you violated,25 count 1, firearm safe storage violations premises under individual's control, minor present and inflicts death upon self or another. Did store or leave @ firearm unattended on premises under his or her control when he, she or they knew or reasonably showld have known that a minor was or was Likely to be present on the premises. and did fail to store the firearm in a locked box or container, or keep the firearm unloaded and lock the firearm with a locking dovice that is properly engaged to render the firearm inoperable by any individual other that the omer or -- or an authorized user. And a a result a minor obtained the firearm, discharged it, and inflicted death upon any other individual to wit: minor B.D. Contrary to MCL 28.42, punishable punishable by 15 years and/or a fine of not more than $10,000. Do you understand the charge and the penalty? ‘THE DEFENDANT: Yes, sir ‘THE COURT: And one of the most important rights that you have is in one -- matters of this type is the right to be represented by an attorney. Do you wish to be represented by an attorney? ‘THE DEFENDANT: T do. THE COURT: Okay. Do can you afford your own attorney? THE DEFENDANT: No, T cannot. ‘THE COURT: Okay. T have a couple questions in thatu 2 a 4 15 16 "7 ® » 20 a 2 4 25 regard. Are you employed? ‘THE OBFENDANT: No THE COURT: Okay. Do you have any sources of incone? ‘HE DEFENDANT: I receive SST. THE COURT: And how mich is that per month? ‘THE DEFENDANT: $299. THE COURT: Okay, and do you Live alone or with others? HE DEFENDANT: I Live with my wife. TRE COURT: Okay. And does she have income? ‘HE DEFENDANT: She's on disability. ‘THE COURT: Okay. And how long have you been on disability for? THE DEFEDNANT: Unm. THE COURT: About, doesn’t have to be perfect. How ong? ‘HE DEFENDANT: I believe it was around 2014. ‘THE COURT: Okay. Based on that the MTDC will appoint: you an attorney, as I find that you are indigent. The MIDC will appoint attorney, John Greer, to represent you. Because this is a felony matter the Court has to set, the matter for -- the Court will enter a not guilty plea on your behalf. And set the matter for a probable cause conference on May 16, 2024, at 9:30 a.m., and a preliminary examination on May -- May 23rd at 1:30 pam. Mr. Greer will beover to the jail to or if you're released, will be in contact with you within three business days. The current bond is set at $50,000 cash or surety. Ms. Longoria, did you wish to address bond? MS. TONGORTA: Yes, your Honor. Mr. Robart dows have strong ties to the community. His wife, his two daughters, his mother, and aister all reside in Newaygo County. and hile this is a serious offense it was not a malicious thing that occurred. It was merely an accident. Mr. Robart, does have some severe health problems. He has CLL, which is chronic lymphatic leukocy ‘THE DEFENDANT: Leukocytosis. MS. LONGORIA: -- Thank you. Leukocytosis. As well as, he has severe joint deterioration. He reported that he had a stroke in the past ae well. And since this event he has been inte counseling and Le prescribed some anxiety medications. It’s taken guite a toll on him. He'd ask that to be taken into consideration. And as low as bond as possible. THE COURT: Ms. Robinson? NS. ROBINSON: Your Honor, we believe that the bond is appropriate as set. However, we'd leave it in the Court's discretion. "THE COURT: ‘The Court is going to leave the bond et $50,000 cash or surety based on public safety. This is a 15 year felony, high severity felony that resulted in the death25 of a minor. The Court has looked at the factors of 6201, when reviewing this. Also, should the defendant post the bond there are sone -- there are the standard conditions but sone conditions that are added for the defendant no to poss —— possess or purchase a firearm or other dangerous weapon. And not to have any unsupervised contact with minors under the age of 18. Mr. Robart, T’m going to give you a copy of this document and ask you to sign it. Indicating that you under~ stand the pretrial release conditions. It’s merely an acknowledgenent of vhat those are and that you understand those. And -- and also a copy of Mr. Greer’s card. Like I said, Me. Greer will be -- will visit you if you're in the jail. Or contact you if you're out of Jail within three business days. Let the record reflect that Mr. Robart has been, given a copy of Mr. Greer’s card. And he is signing the acknowledgnent of the pretrial release conditions and they’ve been explained to him by Ms. Longoria. And the copy will be forwarded to his attorney. That's all for today. Thank you. (At 4:14 p.m., proceedings concluded)I certify that this transcript, consisting of 8 pages, is a complete, true, and correct transcript of the arraignment: recorded on Thursday, May 2, 2024. pate: May 3, ZO2U Pyailli. Aucthor Bailie Ruether, CER 15658 ath District Court 1092 Newet1 White Cloud, Michigan, 49349 (231) 689-7357