Timothy Hauschultz appears in court via video conference June 15, 2022. PC: Fox 11 Online
MANITOWOC, WI (WTAQ-WLUK) — A judge did not make a ruling Friday on whether three social workers will be allowed to testify about Timothy Hauschultz’s disciplinary techniques at his upcoming trial on felony murder and other charges related to the death of his great-nephew, Ethan Hauschultz, 7.
Timothy Hauschultz, 54, is charged with felony murder and seven other counts. His trial was delayed for several years while the case and appeals of his son, Damian Hauschultz — who was convicted of causing Ethan’s death — worked its way through the court system. The trial is scheduled to start Feb. 24.
According to the criminal complaint, 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.
Neither parent was home when Ethan died.
Damian Hauschultz, now 21, pleaded guilty to reckless homicide and was sentenced to 20 years in prison for Ethan’s death.
The felony murder charge is an accusation by prosecutors that a death occurred while in the commission of a crime by the suspect. In this case, that would be the charges for child abuse and contributing to the delinquency of a child causing death.
The defense wants to call three social workers to testify about the punishments Hauschultz ordered. The social workers knew of his tactics, and didn’t stop them, leading Hauschultz to belief they were reasonable and appropriate, according to defense attorney Donna Kuchler.
However, as “offers of proof” about the testimony were not filed in a timely fashion, Judge Jerilyn Dietz ruled last month that they could not testify. Hauschultz’s attorney asked for a reconsideration of the ruling, which was supposed to be addressed Friday. That didn’t happen.
Kuchler asked to submit details in writing, which the judge wants by Monday. No additional hearing was scheduled
Damian Hauschultz’s case and appeals — arguing his statements to police as a 14-year-old were involuntary and should not have been allowed at trial — were pending for several years. During that time, he was considered unavailable to testify against Timothy Hauschultz, keeping Timothy Hauschultz’s case in legal limbo. After the state Supreme Court denied Damian Hauschultz’s appeal, it cleared the way for Timothy Hauschultz’s trial to proceed.
Timothy Hauschultz’s wife, Tina McKeever-Hauschultz, served a five-year prison term for her role in the events leading up to and failing to prevent Ethan’s death. She was released to extended supervision in January 2024.
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