MANITOWOC, WI (WTAQ-WLUK) – The trial for the man who allegedly ordered the punishment which led to the death of Ethan Hauschultz remains on hold indefinitely, with the chances of a trial in 2022 continuing to diminish.
Timothy 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.
Prosecutors plan to call Damian Hauschultz to testify at Tim Hauschultz’s trial. However, until the 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.
In court Wednesday, Damian’s appellate attorney, Megan Sanders-Drazen, said instead of filing post-conviction motions with the trial court, his case will be taken directly to the court of appeals.
Sanders-Drazen anticipates filing the appeal as early as next month. The state then has more than a month to reply, and Sanders-Drazen has two more weeks to respond to that. After that, the appeals court could take up to a year to make a ruling, she said.
Because a motions hearing is already scheduled for March 16, Judge Jerliyn Dietz said scheduling would be taken up at that hearing, among other pre-trial issues. In court Wednesday, the judge did not commit to setting a trial date at that hearing.
Another issue which will be addressed that day is Timothy Hauschultz’s bond. He has been in custody since February 2019, unable to post the $100,000 cash bond. Previous motions to reduce the bond have been rejected.
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.
