MANITOWOC, WI (WTAQ-WLUK) – Although Timothy Hauschultz has been in custody for more than three years, awaiting trial on charges he ordered the punishment which led to a 7-year-old’s death – and with a trial perhaps at least another year away – a judge Thursday denied a motion to dismiss the charges on the grounds his Constitutional rights are being violated by the wait.
Hauschultz is charged with felony murder and other counts for allegedly ordering his son, Damian Hauschultz, then 14, to punish 7-year-old Ethan Hauschultz on April 20, 2018. Ethan was Tim’s great-nephew, who he had custody of.
Ethan Hauschultz was beaten by Damian Hauschultz, forced to carry a 44-pound log, and was buried in the snow before he died. Damian Hauschultz was convicted and is serving a 20-year prison sentence.
Attorneys plan to call Damian Hauschultz to testify at Tim Hauschultz’s trial. However, until his appeals process is completed, Damian Hauschultz would invoke his Fifth Amendment rights and not testify, his attorneys have said – putting the case against Tim Hauschultz on indefinite hold. Given the appeals court process, it is unlikely a trial for Timothy Hauschultz is held until next year, at the earliest.
Since his arrest in February 2019, Timothy Hauschultz has been unable to post the cash bond, which was originally $100,000 cash, then reduced to $75,000 last month.
With no trial date in sight, defense attorney Brad Novreske asked Judge Jerilyn Dietz to dismiss the charges until such time that Damian Hauschultz is available to testify, or order the state to grant Damian Hauschultz immunity for his testimony at this trial – something the judge has already denied. Tim Hauschultz shouldn’t be forced to choose between a speedy trial and a fair one – which would require Damian Hauschultz’s testimony.
“We’re in a position where I think we’ve already established the length of time and prejudice necessary to find that his rights have been violated, which would entitle him to dismissal, but we don’t even know when the trial will occur and we’ll have to keep having this conversation as time goes on,” Novreske said.
Manitowoc County District Attorney Jacalyn Labre rejected suggestions the prosecution has been responsible for excessive delays, noting the timing of when some defense motions were filed, calendar issues, and COVID-19 delays which postponed hearings in 2020. And, not offering Damian Hauschultz use immunity is a specific strategic decision by the state.
“The fact that we don’t feel it appropriate to grant him immunity I don’t think is us being intentional or deliberate to delay this. We’re looking at the evidence and trying to determine, as the state should, whether it’s appropriate to grant immunity or not,” Labre said.
Judge Dietz noted the defense request to grant Damian Hauschultz immunity was made in November, 2021, putting the delay count at five months to this point for that reason. There’s no case law to support ordering the state to offer immunity to the teen. And while many of the delay reasons have been no one’s fault, waiting for Damian Hauschultz’s availability is on the defense.
“Mr. Hauschultz is absolutely between a rock and hard place here, and there are no good decisions, and there haven’t been for a long time. To wait for Damian Hauschultz to be available to testify is a reasonable strategic decision. It is his decision and necessarily delays the case. But, as noted in the state’s written response to the motion to dismiss, this court has repeatedly offered to schedule trials,” the judge said.
Judge Dietz also said she couldn’t give the defense a date for when a Constitutional time violation would be triggered.
The case is back in court May 19, when other issues will be addressed, including the scope of possible expert witness testimony.
As for Damian Hauschultz’s appellate case, his attorneys have filed the notice an appeal will be filed, but the actual brief isn’t due until at least June 6. The state gets to respond to that, then the defense replies to the state’s brief. After that, there is no set timeline for the appeals court to make a ruling. And, the losing side could appeal that decision to the Wisconsin Supreme Court. Once settled, then Judge Dietz will schedule the case for trial – and such dates are usually set several months in advance.
Timothy Hauschultz and his wife, Tina McKeever-Hauschultz, were the court-appointed guardians for Ethan. They were not home at the time of the incident.
The complaint says on April 20, 2018, Timothy told his son Damian Hauschultz, then 14, to make sure 7-year-old Ethan Hauschultz completed his punishment.
That included, according to the complaint, Ethan Hauschultz being required to carry the log for two hours around a path in the backyard of their home. Damian said he had to carry wood for not knowing 13 Bible verses to Timothy’s satisfaction. The punishment was one week of carrying wood for two hours per day. Timothy picked out the logs, but Damian had to supervise the punishment for the younger children.
During that time the complaint says Ethan Hauschultz “struggled to carry his log” and Damian did “hit, kick, strike and poke Ethan approximately 100 times.” The complaint goes on to say Damian Hauschultz also stood on Ethan Hauschultz’s “body and head” while he was “face-down in a puddle.” The complaint also alleges Damian Hauschultz buried Ethan Hauschultz in about “80 pounds of packed snow” where he was left for about 20 to 30 minutes without a coat or boots.
Ethan died of hypothermia, but also had extensive other injuries, including blunt force injuries to his head, chest and abdomen, and a rib fracture, the medical examiner determined, the complaint states.
Tina McKeever-Hauschultz is serving a five-year prison term for her role in the events leading up to and failing to prevent Ethan’s death.
