MANITOWOC, WI (WTAQ-WLUK) – With Damian Hauschultz deemed legally “unavailable” to testify, Timothy Hauschultz’s trial in connection with the death of Ethan Hauschultz has been postponed indefinitely.
Timothy Hauschultz, 51, is charged with felony murder and other counts for allegedly ordering the punishment which led to death of Ethan Hauschultz, his 7-year-old great-nephew who he had custody of.
Ethan Hauschultz was beaten, forced to carry a 44-pound log, and was buried in the snow before he died in April 2018, prosecutors say.
Two people have already been convicted in the case. Damian Hauschultz, now 17, who supervised Ethan’s punishment, is serving a 20-year prison sentence. Tina McKeever-Hauschultz, Tim’s wife, 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 had been scheduled to stand trial starting Dec. 6. However, the attorneys and court have been discussing how to handle testimony from Damian Hauschultz, with the decision Monday to postpone the Timothy Hauschultz’s trial.
Because he has appeals pending, Damian Hauschultz would invoke his Fifth Amendment right and not testify, defense attorney Donna Kuchler has said.
Kuchler floated the idea of prosecutors offering him immunity – meaning the testimony at this trial couldn’t be used in other proceedings – but District Attorney Jacalyn LaBre rejected that idea in a letter to the court.
LaBre also rejected the idea of having investigators testify while presenting Damian Hauschultz’s previous statements because to do so “without the ability to cross examine the witness would be inappropriate and incomplete.”
That left just one option: postponing the trial while the appeals case proceeds, at least for now. Hauschultz’s attorney agreed to the delay, court records show.
As a result, a March 2 status conference was scheduled, at which time the status of Damian Hauschultz’s appeal and his availability will be reviewed, according to a court official.
Meanwhile, other pre-trial issues still need to be addressed. Instead of trial on Dec. 6, a motions hearing has been scheduled instead.
Timothy Hauschultz has been in custody on a $100,000 cash bond since February 2019.
Timothy Hauschultz and 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.
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