MANITOWOC, WI (WTAQ-WLUK) – A June 18, 2024 trial date was set Thursday for Timothy Hauschultz, the man accused of ordering the punishment which led to the 2018 death of a 7-year-old boy. But even that could get delayed as related appeals continue.
Timothy Hauschultz is charged with felony murder, child abuse, 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.
Damian Hauschultz pleaded guilty to reckless homicide and was sentenced to 20 years in prison, plus 10 years of extended supervision. Because his appeal is still pending, his attorneys have said he would not be available to testify at Timothy Hauschultz’s trial, leading to repeated delays in setting a trial date.
Manitowoc County District Attorney Jacalyn LaBre asked for a trial date Thursday, but defense attorney Donna Kuchler opposed the request, calling it premature without knowing how long the appeal will take.
Judge Jerilyn Dietz said a trial date needed to get on the court’s calendar.
“I think it only makes sense to set aside the time we need,” the judge said.
If the appeals case isn’t completed, the date would need to change, she acknowledged.
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.
Neither parent was home when Ethan died.
Damian Hauschultz’s appeal argues the teen would not have felt free to end the questioning by police, his self-incriminatory statements were not voluntarily made. Prosecutors argue the conviction should stand. There is no set timetable for when the appeals court will make a decision. And that decision could be appealed to the Wisconsin Supreme Court.
Timothy Hauschultz’s wife, 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.
