Timothy Hauschultz in Manitowoc County court, February 24, 2025. PC: Fox 11 Online
MANITOWOC, WI (WTAQ-WLUK) – Timothy Hauschultz will not stand trial Tuesday on charges he ordered the punishment which led to the death of Ethan Hauschultz, 7, in 2018, as his lawyers will appeal a judge’s decisions to reject a plea deal and not recuse herself from the case.
Hauschultz faces eight counts, including felony murder, in the death of his 7-year-old great-nephew, Ethan Hauschultz, in Manitowoc County. Timothy Hauschultz was the boy’s legal guardian when the child was found dead in a snowbank. Timothy Hauschultz’s son, Damian, was convicted of causing Ethan’s death.
Last Thursday, Judge Jerilyn Dietz rejected a proposed plea deal where Hauschultz would have pleaded to two counts being party to child abuse – intentionally causing harm. Six other counts, including felony murder and intentionally contributing to the delinquency of a child causing death would have been dismissed.
On Monday, District Attorney Jacalyn Lebre and defense attorney Bradley Novreske both urged the judge to reconsider her decision and allow the plea deal. She declined, saying it’s not in the public’s interest.
A defense motion for Judge Dietz to recuse herself was also denied, so the defense said it would file an “interlocutory appeal,” asking the appeals court for an immediate review of the decisions.
After a short recess, LaBre said the state would not oppose to the trial being stayed, trying to minimize appeals issues after the trial, and having the issues addressed first. The state only wants to try the case once, and subject the witnesses to testifying once, LaBre said.
Judge Dietz again said she acted within her discretion when denying the appeal. If convicted, Hauschultz would be free to appeal those issues, she noted. The judge wanted time to review interlocutory appeal issues.
A third court session was held Monday afternoon, where Judge Dietz said an interlocutory appeal on the rejection of the plea deal would not be appropriate, as it would not advance the resolution of the case. She also denied the defense’s request for a stay to appeal the refusal to recuse herself.
However, after an additional, private meeting with the victims in the case, the judge reversed course and postponed the trial. Details of that session were not divulged, with Judge Dietz calling her ruling “admittedly vague” for confidentiality reasons.
No new trial date was scheduled. The parties will return to court March 5 to discuss scheduling.
Although the case will be appealed, the appeals court does not have to review the issues. Typically, it accepts written arguments about the issues before deciding if it will hear the case and make a decision. Even that process, however, can take several weeks or months.
Meanwhile, the issue of what social workers who had been at Hauschultz home would be allowed to testify about was again discussed.
The defense wants to argue to the jury that because the social workers were aware of the log-carrying punishments and did not intervene, Hauschultz’s actions were legal. It wants them to testify to that.
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 Timothy Hauschultz, nor his wife, Tina McKeever-Hauschultz, was home when Ethan died.
Damian Hauschultz, now 21, pleaded guilty to reckless homicide and was sentenced to 20 years in prison for Ethan’s death.
Tina McKeever-Hauschultz served a 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 2024.
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