MANITOWOC, WI (WTAQ-WLUK) – Four statements Damian Hauschultz made to police will be allowed as evidence in his trial in connection with the death of a 7-year-old boy.
Hauschultz, now 17, faces reckless homicide and child abuse charges in connection with the death of Ethan Hauschultz. Ethan Hauschultz was beaten, forced to carry a 44-pound-log, and buried in the snow before he died in April 2018.
At issue Monday were four statements Damian Hauschultz provided to the police – three on the day of Ethan’s death, and one given months later. The defense wanted the statements not to be allowed at trial. But Judge Jerilyn Dietz ruled that although Hauschultz was not read his Miranda rights, he was not in custody at the time they were given, and that they were made voluntarily. As such, prosecutors can use the statements.
No trial date was set. A four-day trial is expected to be scheduled at a Dec. 17 hearing.
Two other relatives are also charged in the case.
Timothy Hauschultz, Damian’s father and the great-uncle of Ethan, faces eight charges, six of which are felonies. No trial date has been set. He returns to court Feb. 19 for a ruling on motions.
McKeever-Hauschultz, Timothy Hauschultz’s wife, is charged with failing to prevent bodily harm and one other charge. She returns to court Jan. 8 for a status conference. No trial date has been set.
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 a 44-pound 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.
Anyone older than 10 who is charged with murder in Wisconsin starts in adult court. Hauschultz’s request to have the case moved to juvenile court was denied.
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