Damian Hauschultz appears via video conference in Manitowoc County court June 25, 2021. PC: Fox 11 Online
MANITOWOC, WI (WTAQ-WLUK) – Tim Hauschultz’s June 18 trial for allegedly ordering the punishment which led to the death of 7-year-old Ethan Hauschultz in April 2018 has been postponed indefinitely, as the Wisconsin Supreme Court considers whether to hear Damian Hauschultz’s appeal in the case.
Damian Hauschultz, now 20, pleaded guilty to reckless homicide and was sentenced to 20 years in prison for the death of Ethan Hauschultz at a home in Manitowoc County. His appeals – arguing his statements to police as a 14-year-old were involuntary and should not have been allowed at trial – were denied by the appeals court. He has now appealed to the state Supreme Court, which must first decide if it wants to hear the case. If it agrees to take the case, then it would schedule oral arguments.
Meanwhile, Damian Hauschultz’s father, Timothy, was scheduled to stand trial June 18 on felony murder and other counts for allegedly ordering Damian, then 14, to supervise the punishment which led to Ethan’s death. Ethan was Tim’s great-nephew, who he had custody of.
The status of Damian’s case has a direct impact on Timothy’s case, as prosecutors are planning to call Damian as a witness. However, Damian’s attorneys have said he would not be available testify while his appeal continued.
In court Monday, Manitowoc County District Attorney Jacalyn LaBre and Timothy Hauschultz’s attorney, Donna Kuchler, agreed it could be months before the Supreme Court decides if it will take the case. A status conference was set for June 24. If the high court does take the case, it could be a year or more before a ruling is made on Damian Hauschultz’s appeal.
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.
Timothy Hauschultz’s wife, Tina McKeever-Hauschultz, served five-year prison term for her role in the events leading up to and failing to prevent Ethan’s death. She was released to extended supervision in January.
Comments