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Gun ‘never loaded,’ owner said after 5-year-old shot

By Ken Kolker,

13 days ago

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GRAND RAPIDS, Mich. (WOOD) — The owner of the 12-gauge shotgun used to kill a 5-year-old Newaygo County boy earlier this month told state police troopers he had no idea the weapon was loaded.

Michigan State Police reports obtained by Target 8 investigators provide new details on the shooting of Braxton Dykstra by his 6-year-old cousin.

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5-year-old Braxton Dykstra. (Courtesy family)
‘Lost a big part of me’: Dad picks up ashes after son, 5, shot

In an interview with troopers, according to the reports, the owner of the shotgun said he used it for self-defense and to kill critters and that he had kept it in the same spot for 10 years. He insisted he had left it unloaded.

The shooting happened April 1 at the home of Braxton’s maternal grandparents in Garfield Township, near Newaygo. The victim’s father previously told Target 8 that his son was shot by a 6-year-old cousin, who had found the shotgun behind a door in a corner of his grandparents’ bedroom.

The report shows Braxton was struck by birdshot.

The gun owner, whose name was redacted from the reports obtained by Target 8, told police he didn’t know how the boy knew how to use the Remington pump-action shotgun or where the ammunition came from.

“[The gun] is never loaded, I know it was never loaded, and I keep [the gun] on safety,” he told troopers.

He said the last time he used the shotgun was two months earlier, to shoot a rabid raccoon in the front yard. He said he racked the empty shell out of the shotgun, put it back on safety and put it back in the corner.

He also told troopers he kept ammo “all over,” the reports say.

MSP: 6-year-old had gun when 5-year-old was killed near Newaygo

Troopers said they found no gun lock or safe for storing firearms in the house.

A state law that went into effect in February requires gun owners to store weapons unloaded and locked in the presence of minors. If a minor fires a weapon, leading to death, the gun owner can face up to 15 years in prison.

When police spoke to the boy who fired the shot, he said he colored eggs and rode bikes earlier in the day. The kids were in the grandparents’ bedroom watching movies when the shooting happened.

The boy said he had never played with the gun before, that he accidentally pointed it at Braxton and it accidentally went off.

Braxton’s father said his 7-year-old daughter was in the bedroom when it happened.

She told police the gun was already loaded when the cousin said, “I’m going to shoot you.” She told him, “don’t,” but said that he accidentally pulled the trigger when he was putting down the gun.

The boy who fired the shot said, “sorry,” but Braxton “didn’t answer because he was dead,” the young witness told police.

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Braxton’s father has said the adults who lived in that home should face charges.

“(The adults) all knew there was guns in that room. They should never have let children in that room, and now, sadly, my son’s gone, but never forgotten,” he said.

MSP has turned over the investigation to the Newaygo County Prosecutor’s Office to determine whether to file charges.

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