Damian Hauschultz appears via video conference in Manitowoc County court June 25, 2021. PC: Fox 11 Online
MANITOWOC COUNTY, WI (WTAQ-WLUK) – Damian Hauschultz’s conviction for the April 2018 death of his 7-year-old cousin, Ethan, should stand, the state argued in a brief filed Tuesday.
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.
Damian Hauschultz’s appeal was filed in December, focusing on two claims:
- Due to his age (14), Damian would not have felt free to end the questioning by police, therefore, he was in custody and should have been read his Miranda rights during three separate interviews.
- Given the pressures placed by police, “Damian’s self-incrimination was not based on “deliberateness of choice,” but immaturity, ignorance, and susceptibility to pressure from law enforcement,” therefore were not voluntary, and should not have been allowed at trial.
The state’s reply was filed Tuesday.
As for Hauschultz’s age, Attorney General Josh Kaul argued he fully understood what was going on.
“In sum, should this Court consider Hauschultz’s personal traits, they weigh in favor of a finding that his statements were voluntary, especially since the interviewers did not pressure Hauschultz to confess,” Kaul argued.
As for Hauschultz’s statements to police, the state argues they were properly allowed.
“There is a sharp contrast between the pertinent factual circumstances. Hauschultz was treated in a non-coercive manner, unlike Jerrell. Hauschultz was never handcuffed or otherwise restrained. He was never denied any requests, he was never threatened, and he was allowed to leave the interview rooms when he wanted to. As the circuit court determined, “[Hauschultz] was not deprived of any of his creature comfort measures, his prior experience earlier that day showed him that the interview could be terminated at any time, and this all indicates that [Hauschultz], despite his youth, was able to and did, in fact, freely consent to the voluntary interview,”” Kaul wrote. “This Court should affirm the circuit court: there was no coercion.”
Hauschultz’s attorneys have until April 26 to reply. It will be several months before a decision is reached, with or without oral arguments.
Meanwhile, Timothy Hauschultz’s fate is still to be determined. Damian Hauschultz is expected to be a key witness at that case, but his attorney has indicated if Timothy’s trial happens before Damian’s appeals are concluded, Damian would invoke his Fifth Amendment rights and would not answer any questions. As a result, Timothy’s trial is on indefinite hold. No trial has been set, and a trial in 2023 appears unlikely, given court workflow. He returns to court April 20 for a status conference.
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