Timothy Hauschultz appears before Manitowoc County court via Zoom, August 17, 2023. PC: Fox 11 Online
MANITOWOC, WI (WTAQ-WLUK) — A judge rejected a plea deal Thursday for Timothy Hauschultz, who is charged with ordering the punishment which led to the death of Ethan Hauschultz, 7, in 2018. As of now, the case is scheduled for a motions hearing Monday and a trial on Tuesday.
Timothy Hauschultz faces eight counts, including felony murder, in the death of his 7-year-old great-nephew, Ethan Hauschultz, in Manitowoc County. Timothy Hauschultz was the boy’s legal guardian when the child was found dead in a snowbank. Timothy Hauschultz’s son, Damian, was convicted of causing Ethan’s death.
A trial was scheduled for Monday, but a plea deal was reached between the state and defense. The terms of the plea would have seen Hauschultz convicted of two counts being party to child abuse – intentionally causing harm. Six other counts, including felony murder and intentionally contributing to the delinquency of a child causing death would have been dismissed.
Judge Jerilyn Dietz questioned the severe reduction of the charges, and said she wouldn’t accept those terms. Both sides cited their review of the evidence coupled with the risks of going to trial — with the possibilities of acquittal or conviction — but Judge Dietz was unswayed. Court was adjourned to allow the parties to reassess the plea deal.
When court resumed, the defense again argued that plea deal should be accepted, citing the District’s Attorneys’ Constitutional role to decide what charges to file and prosecute, but the judge again rejected it.
“Once a case is under the jurisdiction of the court, the court also has independent discretion that it has an obligation to exercise. If the court is only here to rubber stamp agreements, then what is the point of an independent judiciary? That flies in the face of our system of checks and balances that is inherent in our system of jurisprudence,” Judge Dietz said. “I do not accept this plea agreement.”
Thursday’s hearing was originally going to address the issue of whether three social workers would be able to testify at trial about their knowledge of types of punishment Hauschultz would order. The defense plans to argue because they were aware of the log-carrying punishments and did not intervene, Hauschultz’s actions were legal. Those issues will be discussed Monday, with trial now scheduled for Tuesday.
According to the criminal complaint, on April 20, 2018, Timothy told his son, Damian Hauschultz, then 14, to make sure Ethan 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 Timothy Hauschultz, nor his wife, Tina McKeever-Hauschultz, 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.
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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