MANITOWOC, WI (WTAQ-WLUK) — No trial date will be set for at least two more months for the man accused of ordering the punishment which led to the 2018 death of a 7-year-old boy while his son’s appeals are pending. That means the actual trial is likely to be at least a year from now.
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.
No trial date has been set for Timothy Hauschultz because Damian Hauschultz is unavailable to testify in the case until his appeals are completed.
In court Thursday, District Attorney Jacalyn LaBre preferred to schedule the trial for Tim Hauschultz, knowing how crowded the calendars of the court and attorneys are. As is, a two-week trial wouldn’t be likely until spring of 2024, she said — and waiting will push that out even more.
But defense attorney Donna Kuchler said she didn’t want a trial date set until it’s known when Damian Hauschultz could be available. Even if the appeals court makes a ruling in the near future, an appeal is possible, she said.
Judge Jerilyn Dietz said she preferred to schedule a trial today, but deferred to Kuchler. Another status conference will be held Aug. 17.
On that day “We will set a trial unless we know that further appellate action or a new trial will be forthcoming,” Judge Dietz said.
As for Damian Hauschultz’s appeal, his attorneys had a reply brief due this week, but it has not been filed yet, according to court records.
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.
Damian Hauschultz, now 19, was 14 years old when he supervised Ethan’s punishment at their Manitowoc County home. Ethan had to carry a log for two hours in the back yard, but then Damian beat him, and buried him in a snowbank for 20 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. Damian pleaded guilty to reckless homicide and was sentenced to 20 years in prison, plus 10 years of extended supervision.
His mother, 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. Timothy Hauschultz, Damian’s stepfather, is awaiting trial on multiple counts, including felony murder and child abuse for allegedly ordering the punishment. Neither parent was home when Ethan died.
